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
Hello there,
I applying for naturalization with the form N-400. But I cannot afford an attorney and I cannot afford the form fee. So I looked into it and found out that I can get the fee waived if someone in the family has a means tested benefit. My wife has Medicaid so that means I qualify for the fee waiver through her means tested benefit. However I’m confused about Part 7 of the fee waiver form. I know I have to sign but does she also has to sign where it says Family member? Since I’m using her means tested benefits, should I be the only one signing the fee waiver form or should my wife also sign the form?
I hope you can help me out.
Best regards,
Bohdan
It is form I-912 – make sure you look at all the requirements for the fee waiver. In terms of signing, I do not fill that form for my clients and I am not sure, but normally, only the applicant would sign a form. If you see something indicating that family members should sign, then she should sign. Otherwise, I would imagine it is only you. Take care, Jason
Hey Jason,
I have a question about the Fee Waiver Form (I-912)
I’m applying for a fee waiver (I-912) for the I-751 based on my wife’s SNAP.
I have two questions:
In Part 3, I know I have to include my details since I’m the one applying for the I-751. But here comes the first question:
1) Should I also include my wife’s name and details in Part 3 as well? I’m asking since USCIS might request her biometrics according to the I-751. And if they do, they will request her to pay the biometrics fee.
2) If the answer to question 1 is yes (that I have to include my wife’s details on Part 3), I’m assuming I have to include her in Part 7, Item 7 so she can sign. But what if the answer to question 1 is no (that I don’t have to include my wife in Part 3)? Even if I don’t include my wife in Part 3, should I still include her in Part 7, Item 7 so she can sign?
When I download the form and open it in Adobe Reader, if I add the name of my wife in Part 7, Item 7, the name gets added automatically to Part 3, as if those two fields are linked. So I’m very confused.
I would really appreciate your help and guidance.
Thanks in advance!
I have not done a fee waiver for form I-751, and so I am not sure about this. Also, without knowing the case, I could not answer specifics questions about the form, sorry. A form I-751 is filed jointly by both spouses, and so it may need her info too. Also, the petitioning spouse would not do biometrics. Take care, Jason
Hi Jason,
I filed my online I-589 form on July 11th. Got my biometric appointment on July 14th, and immediately my interview has been scheduled on August 1st!!!
I really want to hear your opinion on that urgency by USCIS. Is this a good or bad sign or not a sign at all? Jave you ever met someone whose interview got scheduled after 3 weeks of I589 form submitted?
P.S. I am ready for the interview at full range, but afraid of prejudice and the feeling that the officer might be mostly negatively looking at my case is present.
Thank you in advance
The fast interview likely has nothing to do with your case and is random. The Asylum Offices are trying to interview new cases quickly, but in the last few years, they have not had the capacity to do that for most people. According to the director of my local office, cases are chosen at random for interviews, and so I suspect that is what happened to you. Good luck with the interview, Jason
Good evening Jason,
Thank you for being there for us. May God bless you and your family.
Please, I am under asylum pending since 2016. I am actually a TPS holder and I would like to visit my sister who is living in another country which is not my home country. Would it be a problem? And if I have to ask for a travel document, what form do I need to file 131 or 512T ? Thank you for your help
I have not done this for a client yet, but as I understand it, you file the I-131 based on TPS, and USCIS will issue you a travel document called form I-512T, which is instead of Advance Parole. You would also need a valid passport to travel (and a visa to the country you want to visit), as the 512T is only a re-entry document so you can return to the US; it is not used like a passport. Take care, Jason
Hi,
Thank you so much for the details. So as an asylee pending do you think it’s wise to renew my passport?
It is preferable not to, especially if you fear your home government. If you fear terrorists or other non-state actors, renewing the passport should be no problem. If you fear the government, you should be able to explain why you got the passport and why the government was willing to give you a passport in the first place. Take care, Jason
Good morning
Again with another question if you don’t mind. As I got the TPS and I see that Asylum is taking so long, and my lawyer is not communicating at all. I apply for TPS on my own with the help of God because she took my money and never got me the work permit. I was staying home with no job and she was telling me not to do TPS. Since January I gave her money again to reapply for my work permit, th third time with no response. She told me to work under the table until I receive it. I received it under the TPS and she doesn’t know, she never contact me to see how I am doing. Do you think it can be ok to withdraw my asylum case? I feel so discouraged think that I stuck here and can’t go anywhere, my mom died I couldn’t go my sister had to go stay in another country with her kids and I work here for her and for me. It’s so stessful. What do you think?
Thank you
Maybe you want to talk to another lawyer and see if you can switch attorneys? Otherwise, I guess you can withdraw since you have another lawful status here (TPS). I wrote about how to withdraw a case on December 7, 2022 and maybe that would be helpful. Take care, Jason
Good afternoon Jason,
I have a question about I-130, My status is Asylum granted from my country and withholding removal from third county that I used to live permanently. Currently I married USC person here in USA and my husband is filling I-130 for me. We have difficulty to answer two sections, Please help which dropdown I need to choose for 46.0a.,? they required I-94 which I don’t have at all. Question 53., 54.
Please please please, thank you thank you thank you!!!
Sorry, I would need to know what the questions are. In terms of the I-94, you can Google “I-94 locator” and maybe find it that way. Take care, Jason
Hey Jason,
I have a question about the Fee Waiver Form (I-912)
I’m applying for a fee waiver (I-912) for the I-751 based on my wife’s SNAP.
I have two questions:
In Part 3, I know I have to include my details since I’m the one applying for the I-751. But here comes the first question:
1) Should I also include my wife’s name and details in Part 3 as well? I’m asking since USCIS might request her biometrics according to the I-751. And if they do, they will request her to pay the biometrics fee.
2) If the answer to question 1 is yes (that I have to include my wife’s details on Part 3), I’m assuming I have to include her in Part 7, Item 7 so she can sign. But what if the answer to question 1 is no (that I don’t have to include my wife in Part 3)? Even if I don’t include my wife in Part 3, should I still include her in Part 7, Item 7 so she can sign?
When I download the form and open it in Adobe Reader, if I add the name of my wife in Part 7, Item 7, the name gets added automatically to Part 3, as if those two fields are linked. So I’m very confused.
I would really appreciate your help and guidance.
Thanks in advance!
I have not done a fee waiver for form I-751, and so I am not sure about this. Also, without knowing the case, I could not answer specifics questions about the form, sorry. A form I-751 is filed jointly by both spouses, and so it may need her info too. Also, the petitioning spouse would not do biometrics. Take care, Jason
Hi Jason,
I thank you for your unreserved support and advice.
Kindly advise me on key documents that I submit to USCIS for employment authorization.
Sincere thanks,
Asylee
You have to look at the I-765 instructions, available at http://www.uscis.gov, to be certain, but at the minimum, we submit a copy of the old EAD (front and back), proof of pending asylum (receipt, biometric notice), copy of passport (biography/photo page, US visa, I-94), relationship documents for dependents (marriage certificate for spouse; birth certificate for child), 2 passport photos, filing fee (for renewals only, initial applications are free, the fee is $410 to “Department of Homeland Security”). Other documents may be needed, especially if you have an arrest record. Take care, Jason
Hi Jason,
My employment authorization application was denied under §208.7. 208(d), and 236(a) of the Act, pursuant to §§ 274a.12(c)(8) and 274a.13(a). A review of my file and records from USCIS and the Executive Office for Immigration Review (EOIR) indicates that I lodged or filed an Application for Asylum and Withholding of Removal (Form I-589) pursuant to 8 CFR § 208 and subsequently filed Form I-765 prior to reaching 150 clock
days. I couldn’t understand the exact meaning of these articles. Kindly advise me about which documents I missed that these articles refer to. Many thanks,
I do not know for sure, but if a person files for a work permit before the clock reaches 150 days, it can be denied. You can check the clock now by calling 800-898-7180. After you enter your A number, listen for the menu and press 2. It will tell you how many days have passed on the clock. If it is 180 or more, you are fine. If it is less than 180, you may want to call again tomorrow to see if the clock is moving. If the clock is moving, and more than 150 days have already passed, you can file for a work permit. Take care, Jason
Hi Jason,
Due to the missing file, a denial decision was made by USCIS for my I-675 application. Moreover, USCIS advised me to submit a motion to reopen or a motion to reconsider by completing Form I-290B, Notice of Appeal or Motion, and providing additional evidence that shows the decision is incorrect. The motion was to be filed within 33 days from the date of the notice; however, I failed to submit I-290B in 33 calendar days. Can I file a 1-765 EAD again? What would you advise me to do before the process goes further into complications and elongates for months?
I extremely appreciate your invaluable support
Best regards,
In almost all cases, an I-290B in a situation like this is a waste of time and money, since USCIS probably did not make an incorrect decision (of course, there are exceptions). It is usually better to just correct the problem and file a new I-765. However, in this case, where something seems to be wrong, I think you should consult with a lawyer about the reason for the denial, in order to make sure you can overcome that in the new application. Take care, Jason
Hi Jason,
I have granted asylum since a year in and I applied for the green recently, upon checking the processing time for on the USCIS website it’s saying 30 months, do you know if that’s always true or some people get it before?
Thanks
Most people seem to be waiting 2 or 2.5 years, but some cases seem to go faster – once in a while, a case is processed in about 6 months. So hopefully, you will be lucky. Take care, Jason
Hi Jason
My doctor describe disability that I have in form 648 , the disability is (f32.2 ) (f43.12) (f 41.1) this is the code of each illness
But I have concern about the disability that he describe can eliminate me from citizenship
Can you tell me if this illness can banned me from citizenship right
I do not know what those codes mean, but I do not know of a disability that would bar a person from obtaining citizenship. Take care, Jason
Hi Jason,
I filled my asylum at the end of 2017. I was in student status when I filled asylum and never lost my status when I filled my asylum. Haven’t got my interview date. My wife has green card and we were thinking of filing I 130 family petition land change of status from my wife side. So what do you suggest me to do in my case ?
She can file for you, but unless you are still in valid student status, you would probably need to leave the US to get a GC. Based on what you wrote, this sounds possible, but you need to check with a lawyer first to be sure. I wrote about this on August 28, 2018 and September 6, 2018. Alternatively, you can wait for your wife to become a citizen before you file for your GC, and then you probably do not have to leave the US and can get the GC (she could file the I-130 now and you could wait until she is a citizen to file the I-485, but it probably does not make much difference in terms of the time). I wrote about getting the GC if you are married to a US citizen on August 6, 2018. Take care, Jason
Thank you Jason for quick reply .
So the best option for me is to file I-130 from my wife and wait till she becomes citizen and file for I-485 ( my wife will be citizen in 2.5 yrs from now ) . While waiting for my wife to get citizenship I might get my asylum interview!! Can the asylum interview be postponed?! And also can I renew my EAD during that phase?
It depends on your goals, but assuming you are eligible for a GC based on marriage, that plan sounds good. Generally, they will not let you postpone the interview if you have another form of relief pending. That is ridiculous, as it would save everyone a lot of trouble, and so maybe they will change that rule one day, but as far as I know, they will not allow a postponement now. You can renew the c-8 EAD while the marriage case is pending. Take care, Jason
Hi Jason,
Thank you for all your support.
Two questions,
I filed an affirmative asylum application to NJ office 5 months ago and did not get an interview invitation yet. I have read elsewhere that normally it would take 3-4 months to be called for an interview or else the file is backlogged and it would take years to interview ?
Second. I am applying for the initial EAD. Does USCIS respect the 30 days processing period to issue an EAD after the application? What to do if USCIS delays the process beyond 30 days?
Thank you so much.
Very few people are getting interviews in 3 or 4 months and almost everyone is falling into the backlog. I think the last time that we had a “fast” interview in my office was Spring 2021. You can try to expedite – I wrote about that on March 23, 2022. In terms of the EAD, most cases take longer than 30 days – maybe 2 months or even 3 months. Take care, Jason
Hi Jason, How long will it take for my first work permit after I apply?
For an asylum pending working permit, it is supposed to take 30 days, but it sometimes takes a month or two longer. Take care, Jason
Hi Jason, is Asap membership required to apply for work permit ? Thanks
I do not think it is needed any more, but we are still including it, since membership is free and it certainly does not hurt (and it is nice to be involved with ASAP, as it is a good organization). Take care, Jason
Thank you Jason and it needed to be applied while applying Ead?
I am not sure I understand the question, but you do not need ASAP membership to apply for an EAD. Take cae, Jason
Hi Jason,
Greetings!
I am a Legal Permanent Resident now through Asylum. 3 months before my spouse married me, she also had applied asylum in US which is still pending. However, as soon as I got my green card, I have applied for her green card through petition and sponsorship because of my status. I understand that such processing takes place through State Department with the specific visa being current, which it was in my case.
My question is since my spouse is already living in US and with my petition and green card application in process, is there any requirement for her to go out of US to get adjustment of status.
Thank you!
If she has some status other than asylum (H1b, F, TPS, etc), she may be able to get the GC without leaving the US. Otherwise, she probably needs to leave. There are exceptions in both situations, so maybe you want to talk to a lawyer to see. Also, I wrote more about this on August 28, 2018 and September 6, 2018. Finally, if she can wait until you are a US citizen, she can probably get her GC without leaving the US, but that sounds like it will be a long time (and also, it may not be possible – talk to a lawyer to know for certain). Take care, Jason
Hi Jason
As I’m asylumist I took green card based on asylum ,now I’m applying for N400
Is it legal to travel back to my homeland after I got U.S citizenship and passport ?
It is legal and it should be fine. However, if the return trip somehow causes the US government to think that the asylum case was fake, maybe it would raise issues. This is extremely rare and generally only happens in the case of someone who is a war criminal or human rights abuser, but it does not hurt to be able to explain why you returned to the home country and how you stayed safe, just in case anyone ever asks. Take care, Jason
Hi Jason,
What about visiting the homeland after obtaining a permanent resident status but before becoming a U.S. citizen, is that allowed? If not, does that include emergency situations?
Thank you
You can travel to the home country, but there is a risk that traveling to the home country will cause the US government to think the asylum case was fake. You should be prepared to explain why you traveled back and how you stayed safe. I wrote more about this on January 6, 2016. Take care, Jason
Hi Jason, I have a question about tourist visas. I’m on pending asylum, and my family wants to apply for tourist visas back home. Will my pending asylum impact them? Will it be sufficient if they do not mention my name so that they can be approved?
Some family members are impacted more than others. People who can benefit from your asylum (spouse, minor unmarried children) are likely to be denied. Parents, siblings or more distant relatives are less likely to be affected. I would not recommend they lie about their relationship to you, as the US government might already know about that (if they are listed on your I-589 or any other applications you made, such as your visa application). If they lie and get caught, they will almost certainly be denied. They should just make the strongest application they can (and maybe get advice from a lawyer) and hopefully, they will be approved. Take care, Jason
Hi,
I was granted asylum in 2018 from the Arlington office. I applied for I-485 in august of 2019. The latest update I got is that my case has been transfer to the NBC and my finger prints have been applied. It’s been 10 months since the last update. Is this pretty common?
Four years is a longer wait than average, though it is not that uncommon. Check the processing times at http://www.uscis.gov and if you are over the processing time, you can make an inquiry through USCIS Help, an if that fails, through the USCIS Ombudsman – both can be found under Resources. Take care, Jason
I been the same as your case i applied on 09/2017 , i was approved 2016, i did interview which is not common for approval asylum on 02/2023 , office told me i will get decision in 30 days since that time am still waiting
Hi Jason,
Me and my wife received our green cards few month ago as asylees, so question, is there any restriction on the time when we can start travelling outside USA after receiving GC?
Also, do US border representatives have access information about the asylum case itself(not just status ) when leaving/ entering USA?
Thanks in advance
You can travel at any time. It is better to use the Refugee Travel Document (as opposed to your passport). I wrote about that on May 25, 2022. In terms of what the border agents know, I do not know, but I presume that if they suspect a problem, they could access all your information. Take care, Jason
Good day sir
My US citizen wife filed for me an i130 few months ago along with adjustment of status application, I entered the us legally and I have a ss number valid with authorization, now my question I didn’t request a new ss since I have one already, am I not suppose to change that to valid for work? If so when? I already did finger printings … thanks a bunch
Have a great weekend
Once you get the GC, you can contact the SS office to get an unrestricted SS card. Take care, Jason
Hello Jason, when I started my job and completed the I9, I was an asylee and my I-485 was pending. I selected the option:
An alien authorized to work until (expiration date, if applicable, mm/dd/yyyy):
Because asylees are allowed to work without expiration date, I I used “N/A” in the expiration date field.
Now I have a green card. Should I ask my employer to update my I9 and select : “A lawful permanent resident” Or should I just leave it and take no action.
I would tell the employer about the GC. I do not know if it is necessary to update anything, as I do not do employment/immigration work, but there is no harm in telling the employer and then they can decide what to do. Take care, Jason
Hi Jason, the processing time for the RTD and re-entry permit is getting worse. It is 17.5 months.Why this long? Attorneys say that the RTD and the re-entry permit are not benefits that need adjudication. If a person is eligible and they file the right documents, the case is usually processed. Why do you think there are significant delays?
Also, Do you think this problems can be fixed if applicants file a lawsuit? The EAD used to take very long too but after a lawsuit, the processing time was reduced significantly. Could something similar be done to reduce the processing time for RTD and re-entry permit?
I do not know why it takes so long, and I do not know why they only issue the RTD for one year. Maybe a lawsuit could help, but the lawsuit related to EADs was by an organization, and I do not know any organizations that are looking into this issue now. It would be great if someone would do it, but I have not heard about such a case yet. Take care, Jason
Hi Jason,
My court hearing date was was cancelled and out of calendar for two yeas. Now I am about to request the court to get a hearing date. If they accepted the request, will they assignee my case to same judge before the cancelation or to a different judge. The case is at Annandale immigration court.
Thanks,
Court dates are sometimes canceled, so it is not a surprise. You can check your case status to see if a judge is currently assigned (follow the link under Resources called EOIR Case Status). If a judge is not assigned, and the case gets scheduled, they will give you a judge, but whether it is the same judge as you had before, I do not know. It could be different. Take care, Jason
Hi Jason,
USCIS disclosed that my asylum clock stopped at the time when I failed to submit biometrics! The reason for the failure to submit biometrics was biometrics request letter was in a junk box (spam). Can I contact the USCIS office to explain the reason why I failed to submit biometrics at the specified time? On the basis of my reason, do they reconsider my case? Do they restart the clock from the date that reaches 150 after I submitted the biometrics?
You can try – call 800-375-5283 or follow the link under Resources called USCIS Help. I think the better bet is to contact the asylum office to ask them about the clock. You can find their email address if you follow the link under Resources called Asylum Office Locator. Also, USCIS has a new way to reschedule biometric appointments – https://www.uscis.gov/newsroom/news-releases/uscis-launches-online-rescheduling-of-biometrics-appointments. I do not know if that works after you’ve missed an appointment, but you can try. In theory, the clock should re-start once you’ve completed your appointment, but I do not know that it will, as the whole system involving the clock is a mess. I would contact the Asylum Office (and also USCIS) to see if they can help. Good luck, Jason
Hi Jason,
I received a biometrics request letter for one of my children after the submission of my asylum application! I informed the USCIS office that I (the principal applicant) and the rest of my family missed the biometrics request letters. I discussed the case with the USCIS officer via phone. After our conversation, the USCIS generated a new biometrics request letter for me and the rest of my family! Based on this, I and the rest of my family submitted biometrics on a newly arranged date. Considering the date when I submitted my asylum application, I submitted an employment authorization application after 150 days. Lately, I received a letter of denial for my employment authorization application! I think the clock has started from the date of the biometrics submission date, not the asylum application date. What would you advise me to do to get employment authorization?
Best regards,
In court, it is easy to know what is happening with the Asylum Clock, but at the asylum office, I do not know how to do it. Maybe try emailing the local office. At least there is a chance they will respond. I guess you can also re-submit an I-765, but I have a feeling they will require a fee, since this is no long an initial application (if so, maybe you can do a fee waiver using form I-912, available at http://www.uscis.gov). You might also try the USCIS Ombudsman or even your Congressional representative. Since there is no “normal” way to know about the clock (at least that I know about), you should try multiple approaches. Good luck, Jason
Hi Jason, are naturalization officers allowed to re-adjudicate asylum cases after asylum had been granted and adjustment of status had been approved. Do they review the asylum, the affidavit, and all the submitted evidence and try to find issues that maybe were not addressed during asylum, maybe the asylum officer did not see certain elements as issues that affect the asylum decision.
Given that the applicant did not lie or change their answers, and their I-589, 485 and N400 are all consistent,
can naturalization officers review the evidence and testimonies and try to argue that certain elements should have been investigated more, or that the case should not have been approved because something they view as problematic, or simply because the naturalization officer has a different opinion and does not think the applicant should have been granted asylum.
I think you would never see the asylum case re-litigated during the citizenship case. However, if the naturalization officer discovers fraud, then that can lead to problems. This type of thing is very rare, but in an extreme case, where the naturalization officer believes there is fraud, it can cause big problems. Take care, Jason
Hello Jason,
I arrived in the United States on a visitor’s visa in December 2014 with my wife and two children (now 24 and 15 years old). My wife applied for asylum in April 2015, but no interviews have occurred.
My brother, a US citizen, applied (I-130, F4 category) for me and my family in October 2011. The USCIS recently granted him approval. My case will be transferred to NVC by the USCIS soon.
Is there any legal way for us to change our status while we are here with pending asylum status without returning to our home country? I’m writing to request your legal advice. Please help us.
In general, it would probably not be possible to get your GC based on an I-130 from a sibling when you are out of status. There are some very limited exceptions, so maybe you want to talk to a lawyer about that. Also, you could potentially go to a US embassy overseas to get the GCs and then return, but you definitely need to talk to a lawyer who does such cases before you try that. I did posts on August 28, 2018 and September 6, 2018 discussing these issues and maybe those would help give you an idea. Take care, Jason
Dear Sir, if the asylum clock stopped when I failed biometrics, when can I reach USCIS through email or phone to restart the clock? Can I contact the USCIS office when the date reaches 150 after I appear for biometrics or before the date reaches 150 to remind USCIS to reconsider the case?
The clock is a mess and so I am not sure whether it would re-start once you do biometrics. In theory, I would think that it should re-start, but I do not know. I think that the best place to reach out is to the Asylum Office – You can find their email if you follow the link under Resources called Asylum Office Locator. If the case is in court, you have to contact the court administrator – there is also a link under Resources called Immigration Court that should help. You can also just try filing the work permit application, but you might try reaching out first to see if you can confirm that the clock is working. Take care, Jason
Hello Mr Jason
I have a question that puzzles me
I had a car (lease contract), and unfortunately, after I got sick and lost my job, I could not pay, so they took it. I have debts from dealership which in turn send the debt to credit center . This back five years ago from now
Does this affect my citizenship file?
Warmly
There is no public charge requirement when applying for citizenship (only for certain applications for a green card), and so there would be no effect (and anyway, I doubt this is the type of thing that would affect a GC application). Take care, Jason
The reason of having doubts was the question who’s asked by an attorney ( if I have any traffic tickets) so I understand all kind of debt including lease contract who can effect my N400 application???
I have never seen USCIS ask about debt for a citizenship case. Maybe if there is some type of crime or fraud, but otherwise, I do not think it will have any effect. Maybe talk to a lawyer about the specific situation if you think there is a potential problem. Take care, Jason
Hi Dear David,
Unfortunately, USCIS denied my EAD application when I applied after 160 days.
The letter says …….a review of your file and records from USCIS and the Executive office for Immigration Review (Form I- 589) pursuant to 8 CFR 208 and subsequently field form I-765 prior to reaching 150 clock days. You must have 150 clock days before you can file an application for employment authorization. You will not accrue time towards the 150-day clock when you cause or request delays during I-589 process, or when the proceedings are suspended or completed at an asylum office or immigration court. At the time the Form i-765 was filed, less than 150bdays had elapsed on the clock used to calculate employment eli8giblity. You were not at the time of filing this application, eligible to receive employment authorization under this eligibility. The decision may not be appealed. …………
Unfortunately, I had received only one fingerprint letter for only one of my kids and the rest letters were hidden in my email spam, and I could not give fingerprint on time except the one kid until I get the letter for rest of us. Then I requested after some times, and they rescheduled it, and I did it. This is the only issue that I can see as a gap.
They said you can apply for motion. I think this is time taking and costly.
What can I do, please?
Thanks,
My guess is that the asylum clock stopped when you failed to appear for biometrics. If that is correct, then filing a motion/appeal will not work (since USCIS was correct to deny the I-765, since the clock stopped and you never reached the required 180 days). I think you should email the asylum office, explain the problem (as you did above), and ask them to re-start the clock. You can find their email if you follow the link under Resources called Asylum Office Locator. I am not sure that USCIS has the power to re-start the clock, but you could try contacting them at USCIS Help (also under Resources) or calling 800-375-5283 (very difficult to reach a human). I would try these things before filing any motion/appeal, and I would also talk to a lawyer before filing a motion/appeal, as it is probably a total waste of money. Do keep in mind that you have a limited to file the motion, and so if you want to do that for some reason, it must be filed and received by USCIS within the time frame specified in the denial (I believe 30 days). Good luck, Jason
Hi Mr Jason hope you are good
I have concern regarding my psychiatrist and if he is eligible to signe the waiver N 468 form as he is just MD Doctor and I thought USCIS required PHD doctor .
Also my primary care doctor she’s MD doctor ( family Dr)
Will form be accepted if it is signed by one of my Dr regarding Immigration Center Standards? Thank you
I do not know about that, sorry. I would think that either an MD or PhD could sign such a form, but I do not specifically know the requirements, and those should be explained in the instructions. Take care, Jason
My question is regarding financial aid as someone with a pending asylum case. Does using aids and grants affect your case when going to college with a pending asylum case?
That would have no effect on an asylum case. There is no “public charge” rule for asylum seekers, and so there is nothing to worry about. Take care, Jason
Hi Jason, I recently received my full file through FOIA and found many pages withheld or redacted. The Assessment to Grant document is longer than 6 pages but most of it is redacted. Is it normal for them to redact some info on the assessment to grant? In your experience, what type of documents they release and what do they redact?
Anything that has to do with their decision-making process is normally redacted, and so this is not surprising. You could probably pursue federal litigation to get an un-redacted copy (or a less-redacted copy), but that is a whole production and may or may not work. Take care, Jason
Hello Jason, We have an asylum case pending at Arlington office since mid 2016 and waiting for hearing but We want to relocate to Texas so in that case will our case would start from the beginning or is there anyway We can notify the USCIS and still carry over the same case as We have already been waiting since last 6 years?
As far as I know, moving does not affect your place in the queue, and so if you move to TX, it will be as if you filed originally in TX. In any event, since there really seems to be no queue at all, it is impossible to know whether moving increases or decreases your chances for an interview. Take care, Jason
Hello Jason, my girlfriend from the Philippines and I have been in a long-distance relationship since 2019. My asylum got approved on January 2021, and my green card application is still pending. I married her on February 2023 in Germany using my RTD.
I am super depressed, my wife’s family is physically and mentally abusing her, and asking why her husband is not with her. I seriously have no idea what to do, I’m begging for help. I see on the USCIS website even if I get my green card this year, she can not come here with I130 because Final Action Date for F2A shows September 2020.
I can not get a passport from my birth country, due to my father being an ex-prosecutor who looked after politicians’ crimes in my home country, the government made life hell for all of us.
Visiting the Philippines with RTD is insanely hard, I applied for a visa twice and it’s been 2 years I am still waiting. There are a lot of kidnappings in countries like the Philippines paid for by my home government, I am also risking my life visiting her.
I looked for Canada and many European countries if I can apply for Asylum there, since I already have approved asylum in the US, I am considered “safe” and ineligible for asylum anywhere else.
I can not think clearly, how do I get out of this situation, I want to be with my wife, I honestly don’t care which country it is, I am just not safe 🙁
This is very difficult, and I think the US government does not understand how harmful these delays are (or they do not care). Anyway, you can try to expedite the GC – I wrote about that on January 29, 2020. This is not easy to do, but you might try. Also, for the scheduling bulletin, it is not quite as bad as it looks. There is a second chart on that page, if you scroll down, and it should say “C” for current, meaning that you can start processing the case now, even if a visa is not yet available. Hopefully, by the time the visa processing is done, a visa will be available for her (of course, you cannot even start this process until you get the GC). Also, you can meet her and be with her in any third country where you and she can get visas. You can be there for the length of validity of the RTD, which is not great, but maybe better than nothing. While you are outside the US, your own GC application and – if you get the GC – your visa application for her can continue processing, as long as you appear for any required appointments in the US. Finally, you might talk to a lawyer to see if there is any way she can come to the US independent of you – such as a work visa or student visa. This may be difficult, but maybe it is worth a consultation with a lawyer. Good luck, Jason
this is torture to me, if I go try my chances to apply for asylum in another country, and get denied, do I lose my asylum here too? I just need a safe country away from my stupid government and a work permit i don’t care where it is. I want my wife safe
If you get asylum in a third country, you would most likely not be eligible to get asylum in the US. If asylum is denied in a third country, it should not affect your case here, but maybe staying outside the US for a long time to process an asylum case somewhere else would cause you to lose the ability to return here. If you prefer to be here, maybe you can find a third country to stay temporarily with your wife and then return here to continue processing your case and later for your wife’s case. Take care, Jason
Hi Jason,
After employment-based AOS is denied, who can file I-824 for an approved I-140; the employer or the beneficiary? And what if the employer or its lawyer refuses to file I-824 for some reason, then what are the options? Thanks.
I do not know that the I-824 is the correct form (I do not do such cases), but if you are referring to an appeal or request to reconsider the denied I-140, that is the employer’s choice since the employer presumably filed the I-140. As far as I know, the beneficiary would have no recourse, unless there was some contract with the employer about that. Maybe the beneficiary can talk to a lawyer to see what options might exist. Take care, Jason
No, the I-140 has been approved but the AOS was denied. I-824 is for the purpose of consular processing abroad. It is to notify NVC of an approved immigrant petition.
I see – even so, it does not change the analysis, since the consular processing is for the I-140, which is at the discretion of the employer. I think you should talk to a lawyer to see if there are any option (including whether there is a contract obliging the employer to continue the process). Take care, Jason
Thank you, Jason!
Hi Jason
I’m under disability because of mental issue I’m following with psychiatrist
Today I asked him to fill N648waver
My concern is what if Dr refuse to fill this document( he don’t know the form and he car about his job) he want to stay away of any risks
Do doctor must fill this form as he isy psychiatrist?
And if not what I can do
Thank you
Sometimes, doctors fill this form. If you have a disability and the doctor has evaluated you, I do not see any reason for the doctor to refuse to fill the form. I guess you will have to ask and if the doctor will not fill the form, you need to find a doctor who will do it. Take care, Jason
Jason,
I have a question regarding the people who are coming into the US from our southern border.
Thousands of asylees come in almost every day and all of them are released into the country.
I strongly agree that we should give protection to those who are being prosecuted in their countries but a great number of those people are coming because of their economic situation and I can see it all over the social media and they are not even hiding it. Many are claiming it that they are coming here to make more money.
This really bothers me because with such people entering the country, a lot of spies can be among them from adversary countries like Russia or China.
There should be some kind of vetting process here otherwise we will have a huge mess.
Please share your thoughts.
There is a process, but it is a mess. I wrote about this issue several times, including on January 11, 2022. Take care, Jason
Hi Jason,
I missed my finger print appointment date with pout reschedule it. what do you suggest to fix this problem?
regards,
Prior to the pandemic, you could go late and sometimes, they would let you do it. You might try that. You can also inquire at http://www.uscis.gov through USCIS Help (there is also a link under Resources). The preferred procedure from USCIS may still be to call them (800-375-5283) and they can give you a new date, but it is very difficult to reach a person. Also, it is possible that they will just send you a new appointment, but I would not rely on that, and I would try to contact them. Finally, if the appointment was for an affirmative asylum case, you can try emailing the asylum office directly. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello sir ,
My asylum case got approved june 15th and 10th july my lease is expiring for home address.
Can i change address? Or it should he a problem.
Or should I wait for month or so?? Before changing to new address
If you are expecting mail from them, it would be best to keep access to the old mail box. Otherwise, you have to inform USCIS about the new address using form AR-11, available at http://www.uscis.gov. You can file the AR-11 online. Take care, Jason
Hi Jason, thank you always for your help. I’m thinking a lot about the Dignity Act and hoping something will come out of it. I have a decision pending for almost 2 years, after waiting 6 years for an interview. Anyways I’m wondering let’s just say a miracle happened and the dignity act passed. Do you think we would be eligible with pending asylum cases?
I doubt it will pass and I have not heard about any progress, but we will have to wait and see what happens. I wrote about some ideas for when a case is delayed – on June 2, 2021. Maybe that post would give you some ideas. Take care, Jason
Hi Jason, I want to file for adjustment based on marriage to LPR, and it’s not clear whether I can do concurrent filing in this category.
I-130 is still pending and my priority date is current. Could you please advise on this? Thank you!
It depends on many factors, and so I cannot advise you. Generally, if you married a US citizen, you would be eligible. If your spouse has a GC, it depends on whether or not you are in lawful status (and asylum pending does not count for this purpose). However, there are all kinds of exceptions and you would do well to have a lawyer look at the specifics of your situation and advise you. Take care, Jason
Hi, may I ask your opinion about a letter which I want to add to my N-400 form( naturalization)? My children will be 18 years old in November and I want to ask them a favor- if possible, finish the naturalization before their 18 . Should I only notice my children age or I can be more specific ( we are from Russia and I am scared about my children, especially about my son) and if my children will receive the citizenship now, my family will be secured. Thank you very much
I do not see why USCIS would expedite on this basis, as they will think that if your children are in the US, they should be safe. That said, you can ask USCIS to expedite – maybe it will work, and I guess there is no harm in asking. I would include birth certificates and some evidence of why they are in danger once they turn 18 (a call-up document and English translation if you have that; if not, maybe a news article about the threat). Take care, Jason
Good evening Jason, hope you are doing well. Thank you for this blog which was really helpful and informative.
I wrote to you before about my situation, I have a pending asylum case since March 2016, I had my interview in December 2018 and to-date, there has been no decision. I sent a query in the summer of 2019, but the response was my case is pending.
Back in March 2022, I submitted my EAD for renewal and kept following up with the timelines published by USCIS (14.5 months the normal processing time). On June 11th, I submitted an online query to check on the status of EAD, got a confirmation email they will respond by July 12th. Today (June 30th), I received an email, and am quoting below the response:
“…USCIS records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received. If after 60 days you have not received anything in the mail, please contact the USCIS Contact Center at the number provided below.” Then they wrote “What You Can Do: Please see the Online Services below to check the status of your case in the near future. We apologize for the delay.”
Sorry for the long quote! Is it normal for USCIS to need 60 days additional to 14.5 months that have elapsed to review/process EAD?
Thank you so much!
AAH
We have seen long delays for EADs, and so this is not surprising (though it is ridiculous that USCIS needs more than 15 minutes to renew an EAD). If you are still under the 540-day automatic extension, I would just wait some more, as I doubt USCIS will expedite the case, but if the extension has expired or will expired soon, you can try to expedite the case by calling USCIS at 800-375-5283 (it is very difficult to reach anyone) and telling them that you will suffer extreme financial hardship (lose your job, not be able to pay rent or eat, etc.) unless you get the EAD. You can also inquire through USCIS Help (a link is under Resources) and also try the USCIS Ombudsman, which sometimes helps with delayed cases (also under Resources). Good luck, Jason
Hi Jason, thank you for the suggestions, since I submitted my EAD renewal on March 15, 2022 and my EAD expired 05-26-22, with the 540 days automatic extension, I think am still good till mid November 2023 (right?) so will give them the benefit of the doubt (and the time).
Best!
AAH
That seems correct, and almost everyone gets the EAD before the 540-day extension expires, so hopefully that will be you too. It is just very nerve racking. Take care, Jason
Hi Jason, USCIS sent me a notice of intent to deny my application for employment authorization. They are citing that I need to submit evidence that I am pursuing my asylum claim before a USCIS asylum office, an immigration judge, or the board of Immigration Appeals. (I.e. A notice from the asylum office rescheduling my missed interview, A copy of the referral notice to appear placing me in removal proceedings, any hearing notices issued by the immigration court, evidence of a pending or approved motion to reopen administratively closed proceedings at the immigration court, evidence of a timely filed appeal with BIA, a remand order to the IG or BIA). I had my interview in Dec23 and since then, I checked once and was told my application is still pending. Should I seek legal recourse?
In terms of the asylum case, I suppose you could file a mandamus lawsuit, but I think you need to make another inquiry before you do that. We wrote about mandamus on October 3, 2018 and about delayed decision in general on June 2, 2021. In terms of the work permit, you can send copies of whatever documents you have (receipt, interview notice) and you can also enter your receipt number (not the Alien number; this is a number you can find on the original asylum receipt) at “check case status” at http://www.uscis.gov and give them a print out of that page, showing the case is pending. Finally, you can email the asylum office to ask for a status update and they should respond. You can also include a copy of that response. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you Jason but for some reason, when I try to find information about my case using the 13-digit alpha-numeric# (based on the initial blue receipt they sent!), it shows info related to the previously approved EAD. I have now a new 13-digit number (for the current EAD) and nothing else and it does not tell me anything about the status of my initial application. So I will submit an inquiry about my case and see if I receive a response to include in my response related to EAD.
Respectfully,
AAH
Hi Jason and all, am happy to confirm that yesterday, July 31, 2023, I received my renewed employment authorization card after I submitted paperwork on July 19, 2023 in response to USCIS request of evidence of July 10, 2023. I was anticipating further delay but to my surprise (and delight!), it was super fast and quick.
I also envisioned the renewed EAD will be from May 26, 2022 (date it expired) to May 25, 2024. The renewal was from July 19, 2023 to July 18, 2025. Thank you Jason for the insight and the detailed process which helped me get this resolved.
Best!
AAH
It is nice to hear when something actually works well. I hope we will see more of this. Thank you, Jason
Hello Sir,
Hope u doing good.
I have a question regarding travel documents on Pending asylum.
Can i apply travel document on pending asylum its been pending since 5 year no single hearing.
And is it safe to travel on traveling document i mean while returning to usa will they grant the confirm entry or they can deny.
Please help me out
Thank You 🙏🏻
You can apply for Advance Parole – I wrote more about that on September 11, 2017. It is not easy to get it, and it is only good for a limited period of time, but once you have it, it works like a visa. So you need to also have a valid passport and you travel using your passport, and then return with AP. If you have valid AP, you should have not trouble returning to the US. Take care, Jason
Thanks for ur reply.
But can we eligible to apply for travel document? Or whats the difference between AP and TD.
Thanks
If you have an asylum case pending at the asylum office, the only document you are eligible for is AP. There is nothing else. If you win the case, you can apply for a Refugee Travel Document, which works like a passport (though not all countries recognize it). Take care, Jason
Sorry, correction. I had my interview in Dec18, not Dec23.
Hi Jason,
A lot of attorneys recently talk about filing lawsuit in YouTube to get an interview date for the asylum cases pending for long time. What is your opinion about that? Does it have a negative impact on the case? Do you do lawsuit?
Thanks.
It is called a mandamus lawsuit and it is a way to get an interview (maybe the only way these days). I think in general, it would not affect the outcome of the case, though I have had one case where the person filed for mandamus and was then denied under strange circumstances. I still doubt that filing the lawsuit caused the case to be denied, but I am not completely sure. Other cases where the person filed a mandamus were approved, and so I think if you want to file a mandamus, it is worth a try. Take care, Jason
Hi Jason,
I hope everything will be fine with you and your family by the grace of Almighty,
My question is after getting an electronic notice I mean email that my ase has been scheduled for an interview, and online status also changed too, how much time does it take to get actual interview notice in mail about the date and time
Thanx and regards
I would expect that you will receive it in a week or two. If not, and if this is an asylum interview, you can email the asylum office directly to ask – you can find their email if you follow the link under Resources called Asylum Office Locator, Take care, Jason
Thanx Jason for your reply, one more question, if they ask me to must bring my dependents on my interview who are right now in my home county, can they poly for a visa to come and participate with me in this interview? I saw one of the interview notice in which USCIS asked the applicant that he or she MUST bring all the applicant’s dependents on file on the interview date, so if this will help any applicant’s dependents to get a visit visa to participate in this interview?
Sorry, that sentence was, can they apply, instead of can they poly, sorry for that mistake.
For a person to be a dependent on an asylum application, they have to be in the US when you file (or they have to come here and join the case later). Otherwise, they are not a dependent, and the way to bring them here is to win the asylum case and file an I-730. The interview notice wants you to bring any dependents who filed with you; it is not a basis to bring family members here before the interview. Take care, Jason
May god bless you and your whole family, you are so helpfull to our asylum community, I was concerned if USCIS wants us to bring all my family members on file or if it will put any bad impact on my asylum interview .
Thanx alot again
Sorry, I do not understand the question – if you have a spouse and children, they should be listed on pages 2 and 3 of the I-589. Siblings and parents should be listed on the bottom of page 4. Take care, Jason
Hi Jason,
Yes I was asking about my wife and two kids, name are on page 2 and page 3, but they are not here, they are in my home country, USCIS usually mentions in the notice that to MUST bring all my dependents shown on I-589 like my wife and two kids, so my question was , will and can they apply for visa abroad to come to US and participate with me according to that instruction given by USCIS on interview notice? Can they get a visa by showing that notice in the Embassy?
They can apply for a visa, but the fact that you have an interview would not be a basis for that. In other words, they cannot come here to participate in the interview. If they can find some other way to get here, they could potentially join the case, but that would not be on the basis of the pending asylum. Take care, Jason
Hi Jason my brother has individual hearing since three years and no schedule yet .fortunately he married us citizen since 6 months.what is the best time for him to adjust statut ?and what does he need to do in that case ?after getting green card through mariage he can cancel his asylum case ?
Hi Jason my brother has individual hearing since three years and no schedule yet .fortunately he married us citizen since 6 months.what is the best time for him to adjust statut ?and what does he need to do in that case ?after getting green card through mariage he can cancel his asylum case ?
He should talk to a lawyer, as there are different ways to do this, and it depends on the specifics of the case, but the first step is generally to have the spouse file the I-130 (but normally, he would not yet file the I-485). I wrote more about this on August 6, 2018 and maybe that would help, but I think he needs to talk to a lawyer to make a plan. Take care, Jason
Hi Jason,
Me and my family has been in pending asylum case for the past 8 years. Thank God we got a new baby 2 years ago in US and she is an American Citizen. Some one told me there is a new regulation allowing pending asylum applicant to apply for GC if they are 10 years in pending asylum case and has an American child. Is that true? Sorry for wasting your time over a rumor, but I felt its worth checking.
Thank you.
It is not true. If you are in Immigration Court and you have a US citizen child, have been at least 10 years in the US prior to the start of the court case, and you can show that the child will suffer extreme hardship if you are deported (and meet other good moral character criteria) then you may be eligible for Cancellation of Removal. This is not new, but you have to be in court, and so if you land in court (hopefully not), and you think you might qualify, talk to a lawyer about that as an additional option to asylum. Take care, Jason
Hi Jason, please guide me how long can I delay to apply for green card?
I landed here in US on November 2021, to apply green card we were due to apply on November 2022. Can you please guide us, is there any deadline for that?
God bless you
It depends on the basis for the GC application. Typically, though, if your status in the US has expired, you can only get a GC by leaving the US and consular processing. There are exceptions both ways – some people can get a GC without leaving the US and other cannot get a GC at all, even if they try to consular process, and so you would need to talk to a lawyer about the specifics of your situation. Take care, Jason
My question was can asylees apply for a permanent resident card 2 year after being granted asylum?
Since Due to some financial reasons I wasn’t able to apply for green card.
Yes – as long as they have spent at least one year of time inside the US (or they will have spent one year inside the US by the time the GC is processed, which I wrote about on February 8, 2023). Take care, Jason
Hello Jason, during pending asylum case, can primary applicant get money recieved from home country (bank to bank transfer) to us bank account with the fear of account withheld their and loosing hard earned money back at home country account
Thankyou
I do not know about money transfers, but I do not see why it would affect an asylum case, unless there is some element of the case that involves fear of harm due to communicating with the home country. It seems to me that most cases would not be affected, but I cannot say for sure since I do not know the specifics of the case, and if you are worried, maybe talk to a lawyer about the specifics. Take care, Jason
Hi Jason,
My current EAD is expiring this upcoming October, so I’m looking to file for renewal within the next few days. My asylum case has been pending since 2015, so this will be my 5th EAD – as I type this I have all 4 of them laid out, quite the collection (hey, at least I haven’t aged all that much over the years!)
I’m represented by a good attorney, who has helped file all 4 previous work permits. At this point, however, I’m pretty confident I can file it on my own. My question is – would that cause any impacts/delays at all? Thanks.
It should be no problem to file on your own. Make sure you use the most updated version of the I-765, available at http://www.uscis.gov, and you can use the prior applications as a model. Maybe let your lawyer know that you are doing it on your own, just so everyone is on the same page. Take care, Jason