Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hi Jason, I live in the NOVA area. Applied for asylum based I485 in 2019. Mailed my application to TSC. I got notified that my cases was transferred to NBC. I requested a service request online, and surprisingly I got a response from Albuquerque Field Office located in NM. I’m a little surprised that case is being reviewed in NM instead of a field office in NOVA. Is this a common thing?
It is common for cases to get moved around, depending on USCIS’s workload. I do think the case is pending a long time, and you can inquire about that through USCIS Help and if that does not help, the USCIS Ombudsman, which sometimes helps with delayed cases – there are links to both under Resources. Take care, Jason
Hi Jason,
I’m trying to file 485. How would you recommend to package all the docs? For example, would you recommend punching holes and then binding them through a metallic binder or using a clipper or staples?
I think the guidance on this has changed, but I two hole punch them at the top and use a metal prong to hold them together. I put the photos and fee in a separate envelope and staple it to a piece of paper that is two hole punched and is behind the cover letter and I do the same for the medical exam (which we sometimes include, or sometimes send later – USCIS says they prefer to get it when you file, but I always fear it will expire, since I do not trust them). You can also just use a clip to clip everything together. Take care, Jason
Thank you, Jason!
Hello Jason. Already thank you for the help.
I am happy somebody brought the subject about applying for N400 when asylee minors derivatives are not Green card holders yet. In my case, I made the mistake of submitting my N400 application before even thinking I had to apply the GC for my 4 minor asylee derivatives (They arrived in the USA after I-730 approval). Somebody wrongly told me that they would automatically be citizens too and that there was no need for me to apply for the green card. Now I know it was a big mistake. I did apply for N400 almost 3 months ago and my biometrics were reused. Is there something I can do to delay my N400 process until they get their GC? Not going to the interview? Withdraw the application? I would like to avoid that “nunc pro tunc” asylum application or the I-130 as a parent and citizen (Maybe both are too risky and lengthy) . What can I do. So weird to be wishing for a delay on a case ! Please help here Jason
To be honest, if it were me, I would cancel the whole N-400 process rather than get citizenship before they get GCs. If you think there is a chance they will get the GCs soon, you can attend the citizenship issue, explain the problem, and ask to delay the case. If they will not delay the case, you can tell them that you want to cancel the citizenship application. At the same time, you can try to expedite the children’s GCs – I wrote about expediting in general on January 29, 2020 and maybe that will help, but I think it is unlikely USCIS will expedite. Anyway, you can try. Take care, Jason
Hi Jason
Thank you for all the help.
I have a question please: after how long do you think I can file a suit and get a decision on my pending i130 and my I485 ? They keep telling me security clearance is not ready? Thanks
A mandamus lawsuit to force USCIS to issue a decision? There is no time frame for such a case, you need to try the “normal” ways first. It sounds like you did take some actions. If you did not try it yet, you can also contact the USCIS Ombudsman (there is a link under Resources). They sometimes help with delayed cases. Once you have “exhausted your remedies,” you can try a mandamus lawsuit. Take care, Jason
Dear Jason. Thank you in advance. Am a Lawful permanent resident by asylum since 2016. My derivatives minor children (10 and 8 years old) arrived in the United States 5 months ago (after I-730 approved and all process abroad). My question is :Can i already apply for Citizenship or should I wait until they become LPR too? . Should I first apply for their green card before I apply for citizenship? Thanks again
If you can wait, it is much better for them to get their GCs before you apply for citizenship. It normally takes 2+ years for an asylee to get a GC based, but they no longer have to wait a full year here before applying for GCs (I wrote about this on February 8, 2023). Citizenship applications can go fast (less than 5 months), though that does not always happen. However, if it does, and even if you and they apply at the same time (or you apply after them), you could become a citizen before they have the GC, and so it is safest to wait until they actually have their GCs before you apply. If you become a citizen before they get their GC, they will become ineligible to get their GCs until they file a “nunc pro tunc” asylum application. This is a formality that allows them to get asylum in their own right (and not as your dependent). The problem is that this can delay the GC process for them by years – and maybe by many years. For this reason, the best approach is for them to become GC holders and then you file for citizenship. Take care, Jason
Hello Jason, I am happy somebody brought this subject up. In my case, I made the mistake of submitting my N400 application before even thinking I had to apply the GC for my 4 minor asylee derivatives (They arrived in the USA after I-730 approval). Somebody wrongly told me that they would automatically be citizens too and that there was no need for me to apply for the green card. Now I know it was a big mistake. I did apply for N400 3 months ago and my biometrics were reused. Is there something I can do to delay my N400 process until they get their GC? Not going to the interview? Please help
To be honest, if it were me, I would cancel the whole N-400 process rather than get citizenship before they get GCs. If you think there is a chance they will get the GCs soon, you can attend the citizenship issue, explain the problem, and ask to delay the case. If they will not delay the case, you can tell them that you want to cancel the citizenship application. At the same time, you can try to expedite the children’s GCs – I wrote about expediting in general on January 29, 2020 and maybe that will help, but I think it is unlikely USCIS will expedite. Anyway, you can try. Take care, Jason
Thanks and may your God blesses you
Hello Jason,
I wanted to bring to your attention a recent announcement regarding the granting of 5-year work permits for asylum seekers, set to take effect on October 1st. I applied to renew my work permit in September of last year and am still awaiting the arrival of my EAD card. Currently, the processing time for renewal EADs is 15.5 months, and I am expecting to receive my card by the end of December this year.
I am curious to know if my new EAD will be valid for the full 5 years, or if this extended validity is only applicable to those who apply after October 1st. I greatly appreciate any insight or information you can provide on this matter.
Thank you!
I saw the announcement, which is good news (though at the same time, it is an admission that the underlying asylum case is taking forever). The announcement I saw (https://www.dhs.gov/news/2023/09/20/fact-sheet-biden-harris-administration-takes-new-actions-increase-border) was not very clear, but I am guess that cards produced after October 1 will be valid for 5 years regardless of when you filed for the card. Take care, Jason
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230927-EmploymentAuthorizationValidity.pdf
USCIS update policy on same
Just sharing update, I got my renewal EAD approval notice last night (through online USCIS account) new EAD valid for next 5 years , cards will be mailed shortly
That’s great – Thank you, Jason
Hello, I filed N400 for myself and asked to expedite my case because of my son(he will be 18 in 3 weeks). The reason of expediting- humanitarian. My request was approved, but my interview was scheduled in 1 month ( that means it is late). I have requested a phone call with an officer of the field office and they will call me tomorrow. Could you please let me know if I have right to ask them to reschedule the interview date because of my case was approved ? Could you please give me some advice which arguments I can tell them? Can I do anything else? Can an attorney help me? Thank you very much.
I guess I am not sure. If you are expediting your N-400 in order to get your citizenship and file for your son, the cut-off would normally be 21 and not 18. I am not sure whether an attorney can help, as it sounds like they are already expediting, but it is not soon enough. I suppose you can request a sooner date, and see what happens. Take care, Jason
Hello Jason and thank you for all what you do.
I a applied for I-485 adjustment of status in February 2023.on my case status it’s telling me,your case was transferred to another USCIS office and that office has jurisdiction now over your case,
What does that mean?
Thank you.
USCIS often moves cases around during processing and I think it is nothing to worry about. Why they refer to “jurisdiction”, I do not know, but maybe you filed the case in the wrong office and now they moved it to the correct office? Either way, it sounds like they are processing the case and there is no problem. Take care, Jason
Hi Mr Jason
It’s time to apply for citizenship and all documents are ready to be submitted
I signed contract with attorney but he is out of his office until next month which is too long
Can I submit the documents to immigration without him in order to make process fast
Is it ok or can it put me in trouble with this attorney as we have contract
Best,
If you paid him already, you might have trouble getting your money back, but otherwise, that is up to you. If you have not paid, you can (nicely) let him know that you did not understand that he would not be able to file more quickly, and in that case, you would prefer to file on your own. Take care, Jason
Hi Jason, first of all appreciated your support on answering various questions. I’ve account on USCIS but can’t see my address. Recently changed my address and my lawyer submitted AR-11 2-3 months ago…but no confirmation received. The reason why I am asking you is b/c I could not find the answer from anyone.
Regards,
Sami
There is no receipt for that, only the confirmation you receive at the time you file. I suppose you can email the local asylum office to try to confirm this, though I am not sure they will get back to you. But you can try. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I have got a problem with updating my address to the USCIS. I have filed my I-589 on online earlier this year but I just moved to another address recently. I have attended my biometric interview and been waiting for my interview to be set up. However, when I try to update my address on form of AR-11 online, under the ”Have you filed an immigration-related application or petition and your case is pending a decision or you have not received a notice, card, or document?”, I think I should click ”Yes” for this. After I selected the form I-589 for a pending case, I put in my receipt number from the notice USCIS has sent me but it would only give me an validation error as below:
You must select the Form Number associated to your Receipt Number. The Form Number you selected does not match our records for that Receipt Number.
I’m sure there should be no issues with my receipt number for I-589 but this error is preventing me from filling out the form to change my address associated with the case. I have asked around for a solution but I’m still confused and stuck without any clues. USCIS is not letting me speak to an agent through their contacts.
Should I mail in the paper form of AR-11 to USCIS? Would that update my address for I-589 as well as informing me the notice back for a successful update?
I would really appreciate any suggestions on this issue.
All the best,
Piccolo
First, I would not change my address until 180 days after you filed the I-589, at least if you can avoid that. The issue is that it could interfere with eligibility for the work permit. If you do not change asylum offices, it should not cause any problems, but I do not always trust USCIS on this point, and I think it is safer to wait 180 days if possible. If you do change to a different asylum office, it could block you from getting a work permit. In terms of this problem, I think you should be able to file the AR-11 inside your USCIS account. If not, you can directly file the AR-11 if you go to the USCIS forms page (at http://www.uscis.gov) and select that form. If none of that is working, I would print the form, complete it, scan it, and email it to your local asylum office with an explanation about the problem you had online. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you so much for the response and help! Appreciate your time!
No, I’m not changing asylum office. I filed my I-589 within the area of the LA Asylum Office, I have moved to another place just a few miles away in a different city and I think that should not affect my case. I just realized I should have updated my address in case it may poke some risks to my case as it is required by USCIS.
I’m just almost there for 150 days to be eligible for applying for a EAD for the first time but I need to stay consistent with my address for both I-589 and I-765 when I submit my application soon. That’s why I thought It would be best to update my address before I apply for my EAD.
I can change the address on my profile in my USCIS account for the mail, the physical address update still needs a form submission of AR-11 at ”https://egov.uscis.gov/coa/addressChange.do”. I don’t know why it would give me the error when I put in my receipt number of I-589 on AR-11 online. Could it be that I need to wait for 180 days in total for my receipt number to be valid on the form online? I’m not sure if anyone else would have the same issue with this.
Bless you!
Piccolo
If you are not moving asylum offices, you should be ok. You should not have to wait 180 days for the online system to work, and I recommend you email the asylum office directly to ask about the error. I think LA is not very responsive, but you can try. Take care, Jason
Hi Jason, USCIS has mistakenly updated my wrong mailing address , it was correct on i765 application though. Letters gone missing. How can address typo can be corrected by them.
File a new AR-11. You cam do that online at http://www.uscis.gov. There is also a way to request that they re-send a lost form if you have the receipt number (https://egov.uscis.gov/e-request/displayNDNForm.do?entryPoint=init&sroPageType=ndn), but you have to do the AR-11 first. Also, if you paid by check, and you can get a copy of the canceled check, the receipt number may be there, if you cannot find it anywhere else. Take care, Jason
Hi Jason,
I have read your article on the concern and it was really helpful. Thank you so much for clearing it up for those that need to be wary of the tiny part. I know it can be as bad as a trick USCIS is playing for the asylum seekers for the following interview in any forthcoming traps. So, I would really appreciate any advice on my application for this question!
I have stated that I was arrested by the police for a strike against the government’s oppression of the local Christian and churches on my asylum application but there was not any record or cases to be found for this protesting after I was released 18 hours later from the custody. I’m not sure if I should put ”yes” to this question. I’m filing this form online for the first time. How should I clarify my innocence for my case on this form? Should I provide more details on the experience and an explanation on why there are no documents for this?
Thank you!
Best,
Richard
I am not sure what form you are referring to, but if you are asked about an arrest, it sounds like you were arrested. Maybe this is not a lawful arrest, but I do not know. If you need to indicate that you were arrested, you should explain about that and provide any evidence you have, including letters from people who know about what happened. That said, the response will be different depending on which form you are completing, and if you are not sure, talk to a lawyer for help. Take care, Jason
Hi Jason,
Thank you so much for your timely response. I was referring to the Form I-765 for my EAD. The last question on the form asks have I ever been arrested or convicted. I know I would have stay consistent with my I-589 application so that’s why I asking. I have got no evidence for those.
Appreciate it!
Richard
If the EAD is based on asylum pending, you will need to answer that question (I am not sure if it is required for all other EAD categories). If so, you need to be consistent with the I-589 and provide an explanation about what happened (and evidence if you have it, but it sounds like you do not). For our clients who have similar situations, we explain that the person was arrested for political activities and not for a crime. If you can argue that you were not actually arrested (for example, maybe the police just held a group of you and did not formally arrest anyone), maybe you can say “no” to that question, but I think that may be risky and if you want to try that, talk to a lawyer. When we have provided explanations, our clients have received their EADs (whether this caused a delay for getting the EAD, I do not remember). Take care, Jason
Hi Jason,
Do you think the simultaneous filing for RTD along with 485 will delay the processing of 485?
Also, I have a pending AP application from before my asylum was approved. Do you think I can file another 131 with 485 for RTD now?
Thanks
I do not think it will cause a delay to file both forms together and I do think you can file for an RTD even if the AP application is still pending. Take care, Jason
Is it a requirement to file for RTD together with AOS application or we can file for it later on too? RTD is not super important to me so I just don’t want to delay or jeopardize AOS because of it.
It is not a requirement at all – the main reason to do both together is that you do not have to pay extra for the RTD. I highly doubt the RTD application would affect the GC application. If you want to do only the I-485 now, you can use the I-485 receipt to “pay” for the RTD later. This should work, though with USCIS, you can never be sure. Take care, Jason
Thank you, Jason!
Take care.
Hi Jason, my derivates received ead receipts via letter for c08 category but it’s still not received for primary applicant. It was applied 20days back and derivates received receipt letters 3 days back and pending for primary applicant. Not sure if letter is lost somewhere or it takes some time for primary applicant. I see their status online and they got approval softcopies uploaded also
If this is for an EAD, I would not worry yet. Receipts come at different times, even when you send applications in the same envelope. Maybe see what happens in a couple weeks and if there is still nothing, you can either try to contact USCIS or apply again with an explanation about the first application. Take care, Jason
Hi Jason,
I was granted my asylum case 9 months ago so I applied for I-485 and they sent me I-797C! Plus when I check online they updated my case with the following statement:
“As of September xxx, 2023, fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC239xxxxx, have been applied to your case”
So 1/ Does this mean that I don’t need a Biometrics appointment? As they took my previous fingerprint?
2/ For my employer, can I give the new I-797C, as eligibility of work? Which document shall be used until the actual green card arrives?
3/ How long do u think will it take for the actual green card to arrive?
1 – Correct. 2 – No. You should have a work permit or I-94 that says asylum. It is easier to have the work permit, but that is not needed to work legally if you have asylum (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). 3 – Sometimes, people are getting them in 6 months, but most people seem to wait between 2 and 2.5 years. Take care, Jason
Dave,
How long after approval of asylum did you file 485?
Jason,
For items in I-485 which do not let you type N/A, can I print N/A with pen (although most of the application is typed in)?
Also, should I leave the attorney/representative information in I-485 blank or write N/A, if I’m not using a lawyer?
Hi Jason,
So I did one medical exam in April 2022 for EB-AOS but that AOS was denied. Now I am filing a new AOS application based on asylum. Do I need a new medical exam for that?
Thanks.
Yes – but maybe you can return to the same doctor and get the updated medical for a lower price. Take care, Jason
Thank you.
Also, in Asylum-based I-485, which I-94 number should be used and what should be entered in
receipt “number and priority date of underlying petition if any”?
I think we use the last I-94 number from when the person entered the US. We do include copies of the last I-94 when they entered + the I-94 indicating asylum, so USCIS will have all that info. For asylee I-485 cases, there is no petition and so you can leave it blank or write n/a. Take care, Jason
Thank you, Jason!
In places where I-485 does not let you type N/A, can I print N/A with pen (although most of the application is typed in)?
Also, should I leave the attorney/representative information in I-485 blank or write N/A, if I’m not using a lawyer?
You don’t really need to write “n/a” anymore unless there is a specific reason to do so, but you can type it and write it in wherever you want, including in the attorney boxes – that is no problem. Take care, Jason
Hi Jason,
What’s the average time for getting GC based on marriage?
Hard to say – maybe a year or 1.5 years for most people. You can check processing times at http://www.uscis.gov, though they are not terribly accurate in my experience. Take care, Jason
Hi Jason,
I’m filling the form N-400 but having confusion on part 12, question below:
7. A. Have you EVER not filed a Federal, state, or local tax return since you became a lawful permanent resident? I fill every year my tax return since I became a lawful permanent resident, I selected NO but still doubting the way they formulate the question.
Thanks and regards
If you paid your taxes every year since you got the green card, then you can answer “no” since you have not failed to pay taxes. I do agree that the USCIS question is confusing. Take care, Jason
Please assist on the possible immigration status options for B1/B2 to have the work permit. Thank you.
There are many options depending on the situation, and so you would need to talk to a lawyer about the specifics, but the basics are to apply for a new visa or green card based on employment, apply for asylum, certain students can get a work permit, and there are other categories as well. Take care, Jason
Hello, Jason! Should the asylees pay $410 for A5 ead renewal with a pending 485 application (485 fees has been paid)? Thanks!
Unfortunately, you do not get a free EAD when you file the I-485 based on asylum, and you have to pay to renew the a-5 EAD. The fee is $410. Take care, Jason
Jason,
What’s the current average time to get GC based on approved asylum?
Who knows? You can check the processing times at http://www.uscis.gov for what that’s worth. We are still seeing people take 2+ years, though I have heard about a few cases taking 6 months. Remember that you can apply for the work permit less than a year after being granted asylum. I wrote about that on February 8, 2023. Take care, Jason PS: Congratulations on being the 12,000th comment on this threat. Sadly, there is no prize.
2+ years or 6 months after the approval of asylum or after filing for GC?
Well, thank you. Glad to hit some milestone at least.
Correct – most asylee green cards seem to be taking 2+ years from the date they file the I-485. Some cases go more quickly, but they seem to be the minority. Take care, Jason
Hi Jason,
I heard, after october, work permits should be renewed every 6 months, is it true?
That is not correct. Supposedly, USCIS will change the 540-day automatic extension back to a 180-day extension, as (supposedly) work permits are being issued more quickly and the 540-day extension is not needed. This seems like a ridiculous idea and I do not know why they are bothering to do this. Better, they should link the work permit to the case and let it remain valid for as long as the case is pending. I talked to a higher-up at USCIS and thought that might happen, but so far, it has not. Take care, Jason
Hi Justin,
When should one file I-485 after approval of asylum?
Thanks.
I have been recommending 6 months, but that is up to you. I wrote about this in detail on February 8, 2023. Take care, Jason
Thank you, Jason!
Does approval of asylum put one back in status for purpose of EB-AOS?
It should. Once you have asylum, you can get your GC based on asylum, but you can also get it based on other reasons, such as employment. I guess I would talk to a lawyer to be sure there are no issues, but I do not see why that wouldn’t work. Take care, Jason
Hello Jason, I’m currently on pending asylum and my husband is a sex offender. My husband just got his Irish citizenship this year and we are planning to move to Ireland so he can sponsor me . What would happen to me if I closed my asylum? Thank you, julie
Hi Jason, one more question, do I have to close my asylum by myself or thru my lawyer?, BR, julie
Either way. In that post I mentioned, I provide instructions for how to withdraw an asylum case (at the asylum office – if the case is in Immigration Court, that is a different story and you should talk to a lawyer). Take care, Jason
I would wait until you leave the US to close your asylum case. I explain why and talk about withdrawing the asylum case in a post from December 7, 2022. Take care, Jason
Thank you so much!
Hi Jason, Thank you for what you’re doing. I’m pending asylum, and I just applied for an initial work permit by mail. How long will it take to get my work permit?
It is taking 1 to 2 months for most people. Take care, Jason
Is it the same if it’s summited online?
If anything, it is usually faster online. Take care, Jason
Hi Jason, I m on U visa and my green card was approved 4 years ago , I have to visit my home country for some urgent matter twice this year. Can I stay longer than 6 months ? What can I do so it doesn’t create issue for my citizenship or o should come back soon?
If you have a GC, you should no longer be on a U visa, and if you are not sure, you might want to clarify that. The best way to stay outside the US if you have a GC is to get a Re-entry permit, form I-131, available at http://www.uscis.gov. This form is issued for one or two years, depending on how much time you have already been in the US with a GC (so I think you will get yours for 2 years). This allows you to stay outside the US for more than 6 months and return while the document is still valid. If you cannot wait to get the Re-entry permit, talk to a lawyer before you go, as there is no simple answer about the effects of staying outside the US for more than 6 months. It is possible, but does involve some risk to your status and you need to go over that with a lawyer before you travel. Take care, Jason
Hi Jason And thanks for being helpful
Im GC holder based on asylum, for urgent matters I have to contact embassy to fill and submit form to my family in my back country ( civic form) they need it for family issues
My concern is how immigration will see this action as I’m asylumist seeking protection ?
They might said you have a good relation with your country so you don’t need protection !!! ( as I contact them through embassy)
Can you advice me if any risks can be in this step
Best
@midi
Are you serious? How the hell the US government will know that you contacted your embassy!? Some asylees are really too much and noisy! Like you think the US immigration have time to keep tracking everyone actions and calls? Wake up guys from this false imagination that the US government knows everything about you! That’s not true unless it’s something criminal that can be exposed through security background check otherwise they don’t know anything more than what you have told or showed them.
Next time don’t put your nose in what isn’t for you , my question was directed to Mr Jason , so keep your trash away of me
@Midi
I have to put my nose cause uneducated or idiot asylees like you asking stupid questions are not good for the community! Go to school or go study something maybe your stupidity level will get reduced
I doubt there is any risk and I do not know how the US government would ever know about this. If you are worried, you should be prepared to explain why you contacted the embassy and why the embassy was willing to cooperate with you on the form, just in case you are asked (though I really do not know when the US government would ever ask you questions about visiting your embassy; I have never heard of that happening before). Take care, Jason
Hello Jaeson,
I was a dependent on my mothers case. I am travelling with my RTD and currently I am in Bosnia. I just got a notification that my Green Card has been delivered to my Lawyer in US.
Before you had told me that as a dependent I shouldn’t get married and wait for my GC.
My question is
Now that my GC is created at my Lawyer, even though I don’t have it with me in Bosnia. Can I get married?
So long question for short:
My GC is created and in US. I am in Bosnia with my RTD
Can I get married?
Or do I need to go back to US, get my GC travel back to bosnia and get married?
If the GC is issued, you are now a lawful permanent resident and so you should be ok to get married. As far as I know, the fact that you are outside the US should have no effect. However, I have not actually researched this question and I am not completely sure. I don’t see why there would be a problem, but if you want to be 100% sure, maybe have a lawyer research the question and double check. I guess the issue is, do you need to be physically in the US to become an LPR. Again, I think that is not needed, but I have not looked into it and am not certain. Take care, Jason
Jason, during application of PR with US citizen spouse who will also sponsor kid who is in ex wife’s custody. My question now is when I am in adjustment of status in court and USCIS, what if we both don’t have jobs for any amount of time? Does it affect my PR process? Like many people we are also working 2 , 3 jobs to meet expenses and sometimes none of us have job for uncertain amount of time.
There is a public charge requirement on the I-485, and so you will have to complete that section if you are getting a GC based on marriage (or for your child, based on a step parent). The Trump Administration seemed to have been enforcing the requirement, but I am not sure about the Biden Administration. Anyway, if you are working and have some education and assets, you will likely be ok. You will have to see what they say after you complete the form. In terms of your US citizen spouse, that person needs to complete the Affidavit of Financial Support, form I-864, and if they do not have enough income, you will need to find a joint sponsor to complete a form I-864 for you and your child. If the case is in court, it would be much better if you had a lawyer to help you through the process. Also, I wrote more about this on August 8, 2018. Take care, Jason
Hi Jason
Can immigration notified me if they accept my waver forme 648 or denied it before the day of interview, in order to prepare the civic test in case they don’t accept my waver forme
Best
I have not done that for a long time and I do not remember how you are notified. I would guess that you will know prior to the interview, but I really am not sure. If not, of course, you will have to prepare for the test and try your best. Take care, Jason
Hi Jason
Sorry about this question if its not related to this forum but if you could , it would be helpful
The EAD renewal these days is qualifying for a 540 days auto extension, but what if that 540 days period is expiring or is about to expire ?
1. do we apply for next renewal 6 months prior to expiration of 540 days period?
2. Or wait until its about to expire like, 30 days prior expiration?
2. or wait until it expires and then move ahead with new renewal application (Doesn’t make sense though)
Thanks
It is pretty rare that USCIS does not issue the new card before the 540-day period ends. If not, I think the only option is to try to contact USCIS and get them to process the case. You can use the link under Resources called USCIS Help and you can also call them at 800-375-5283 and try to reach a person. I wrote a post about expediting on January 29, 2020 and maybe that would help. Take care, Jason
Hi Jason,
Are work permit and SSN I’d to be applied on same day and is the form same and have to be sent to same work office?
Thankyou
When you apply for the work permit using form I-765 (available at http://www.uscis.gov), you can also apply for an SSN if you fill the appropriate portion of the form and request it. Take care, Jason
Hey Jason,
I have a question which you may have an answer for. When i apply for a credit card or a loan, they ask for my residency status. Its either citizen, permanent resident or neither. From my understanding, when you are pending asylum, have ssn, work and valid ead, it should be easy to get them, but, i am not sure if I should choose a “permanent resident” or “neither”. When i choose neither, i get denied saying that my residency status isn’t eligible for a loan or credir card. Could you please explain what to do in this situation?
I do not know about that, but my clients do get credit cards and some get loans. If that company is not able to do it, you should try a different company. You might also need to call the company to explain your status. Take care, Jason
I am in similar status as yours, I have more than 5 Credit cards , an active car loan (paid for 2 years on a higher markup and then refinanced it with Bank of America with way less) , I am eligible for House loan as well.
Credit / Loan has more to do with the length of your credit history than status itself.
You have SSN and a valid drivers license or ID, that’s sufficient.
Remember, your 1st car or loan is always difficult and comes with certain conditions.
You can start with Bank of America, 200$ prepaid credit card , so your credit history kicks in, Later you can apply for increase in limit , and if i am not wrong, after few months your 200$ are reimbursed.
But for this all, you need to have a proper paying job with W2 or 1099 with deposits coming in regularly
Hey Jason
My asylum case is still pending from 2019 with no interview.
My daughter back in home country finished high school and I am planning to apply for her college here in the USA. I am wondering would it be a good idea to sponsor her for her study finances and present my bank statement when she goes for visa interview.? Would it be a good idea to mention that I am here, or that would reduce her chances of getting a student visa? Also would this have any effects on my case?
Thank you
I think the fact that you have a pending asylum case will likely make it more difficult for her to get a visa, especially if she is under 21 years old. This is because she could be added to your asylum case, and so the consular officer may suspect that she will violate her F-1 status by joining your asylum case or seeking asylum herself. I think she will not be able to avoid mentioning you in the application process, and so talk to the school or a lawyer (or whoever is helping with her visa), as she needs to make the application as strong as possible, to overcome the fact that you have a pending asylum case. Take care, Jason
Quick question, my case is been pending from more than 10 years ,I have a hearing at 8:00 in the morning soon, but my attorney’s office opens up later than my hearing time ,in webex if i continue without my attorney , is that okay ?it’s gonna be a long hearing or short hearing?been in a Webex appointment is there anything gonna happen like luck by chance ?
This all should have been arranged in advance with your lawyer, and so the fact that you do not know what to do is a problem. If you do not appear at the hearing, the judge will order you deported, and so you should appear. If the hearing is by Webex, you can appear that way, but if the judge has ordered you to appear in person, you should be there in person. If your lawyer is not there, you should tell the judge what happened and normally, the judge would reschedule your case. And if this is really a failure of your lawyer to inform you about the case, you should find a new lawyer. Take care, Jason
Hello,
I hope you are doing well. I am desperately needing your help so please guide me.
I am a citizen of Iraq. Applied for asylum Aug 2020, interviewed Aug 2022, no decision since then. Worth noting that applicants who interviewed by the same officer around that time have already received their decisions 6-10 months ago. Anyway, I had the congressional office inquire on my behalf several times, the response has been “case is pending background and security check clearance and nothing can be done to expedite the decision”. I am facing really hard time living in limbo which led to damaging my health and a significant decline in my social and academic life. Seeing so many applicants have been waiting a decision for many years further exacerbate my problems and makes me question my bearing capacity especially that I am facing all these hardships alone and I see that the background check is not a valid reason that they are holding my case giving that I am a female working as a post doc and definitely with no criminal history.
Now, I am planning to request the help of the Ombudsman Office and for that I would like to include the police report regarding my background checks. I highly appreciate that you give me the steps I need to follow to get that police report.
Please answer my question as I am in real need for that.
If you Google “FBI background check” you should find instructions to get the background check. You can send that to the Ombudsman, but I doubt it will make any difference. They need to complete their own check, and whether you get an “all clear” document from the FBI has no effect on that, at least that is what I think. It is common for Iraqis to wait a long time for their decision, for some reason, and if you have tried other options (the ones I know are discussed in the above article), maybe you want to file a mandamus lawsuit to force them to issue a decision. Take care, Jason
Hi Jason,
I jus got my asylum approval notice and I would like to apply gor a refugee travel document. Can I fill the I 131 form online? And also do you have any idea what is the class of admission mentioned in the I 131 form?
Thanks in advanced for the help.
I have not done that form online yet, but I believe you can file online. I think class of admission is the visa you had when you last entered (or if you did not have a visa and entered at the border, it be paroled or EWI – entered without inspection). As long as you provide proof of your asylum status and of your last entry (such as your I-94 and copy of passport bio page and US visa), you should be fine. Take care, Jason
Jason, my case is in court for individual hearing scheduled 2 years from now. I am marrying to US citizen soon. After getting married before applying for adjustment of status from the court can I apply for PD to dismiss my case from court and to go back to USCIS? And when my case is back again with USCIS , can I start application for PR? Please suggest. Thanks
If they will agree to dismiss, you can do that, but often times, DHS will not agree until the I-130 is approved. Even then, if you have negative factors in the case, such as lying to get a visa or a criminal record, they will not agree to dismiss. I wrote about this issue on August 8, 2018 and maybe that would help, but probably you want to talk to a lawyer to come up with a plan to get the GC as efficiently as possible. The good news is, assuming you are eligible, you should be able to get the GC; the only real question is how long will it take. Take care, Jason
Jason,
After marrying to US Citizen , can I apply through my spouse for my kid who is in my ex wife’s custody? Nowadays what are chances for interview for Green Card? Do my kid also get interviews for GC? He is a minor.
A US citizen step parent can sponsor a step child, and the child will probably get an interview. Depending on the child’s age, the parent may interview for them. The custody of the child is a separate issue and if that is in dispute, you would need to talk to a family law lawyer. Take care, Jason
Hi Jason, Im a Permanent Resident through asylum. I just returned to the US from Europe with an RTD. The first thing the CBP officer at the airport asked me was if I went to my country of origin. The officer did not say it in a question tone but as an assumption like ” you went to country x”. I was confused and I immediately said NO. Then she asked where I was flying from and I answered that I was arrived from Paris. Then she asked when was the last time I visited my country if origin. My answer was ” since I left in 2014, I never returned”. I was so confused with these questions. Do officer just make assumptions like that? She could have asked for my boarding pass and itenrary and she would have known exactly. Is this normal when dealing with CBP? Im just confused why a CBP officer assumed that i visited my country of origin when returning with a refugee travel document.
I do not think it is normal (whatever that means), but I do think it happens sometimes. Even if you had, I am not sure whether it would have made a difference. Some CBP officers are more aggressive than others, and maybe you happened to have one such person. It does illustrate why it is better to not travel to the home country, or if you have to go, why you should be prepared to explain why you went and how you stayed safe (and have some evidence about that). Take care, Jason
Hi Jason,
I applied online for the first time for employment authorization, but USCIS has made a denial decision, which stated that I applied before 150 clock days (this is because I missed the asylum application receipt letter). After the denial decision, I applied for employment authorization again with all required documents at a postal address on August 14, 2023; however, I have not received any responses. Kindly advise me if a delay is a common experience and if there is a chance to secure employment authorization when applied for a second time, or can I apply for a motion (reopen) with the charge of $675?
I am very challenged right now. Please forward the best strategy to secure employment authorization.
Sincere thanks,
Receipts can take a few weeks, and so this is probably fine. Given the prior denial, you may have had to pay for the new EAD, but I am not sure about that. I would expect a response soon, and then you will know about the fee. I would not recommend a motion to reopen, as you would only do that if USCIS had made a mistake, which it sounds like they did not (since you filed too early). Take care, JAson
Hi Jason,
I trust all is well with you! My first online employment authorization application has been rejected. I also submitted a paper employment authorization application for the second time. The second time application was also rejected. The reason specified in the second time paper employment authorization application is that the payment amount is incorrect or has not been provided. Of course, I have not provided a fee because I have no information about the fee once the denial decision was made in the first-time application.
I think the second-time application can’t be considered without a fee, but I couldn’t find the exact amount of fee that I have to attach with the resubmitted application.
Kindly advise me of the exact amount. Is it by check, credit card, or debit card?
I really thank you for your invaluable advice.
Sincerely,
For renewal of an EAD based on asylum pending (category c-8), the fee is $410. It can be paid by check or credit/debit card using form G-1450 or online if you are renewing online. Take care, Jason
Hi Jason
My attorney request Freedom of Information Act (FOIA from USCIS ,
Is it necessary step , and do all applicant go through this step
Best,
It depends on the case, but it is a good idea, as it is helpful to know what information the government has about you, to make sure everything you submit in the future is consistent (or to allow you a chance to explain inconsistencies). Take care, Jason
Hi Jason,
I’m applying form I485 to get my green card and also I planned to apply form I765 with the former form! For the first form I prepared 2 passport size photos so do I need to send another 2 passport size pic for the I765 form too? I mean if I apply I765 separately, I know they need two photos but if I send it together with the I485 where I already attached two photos with it, do I need to add another 2 photos? Making it 4 photos!
Thanks
We always send 2 photos per form (so 4 in this case). However, note that if this is based on asylum, you have to pay the I-765 fee separately from the I-485 fee, and I think you need to send the two forms to two different addresses. Certain other applications allow you to get a free EAD when you pay for the I-485. Take care, Jason
Page 17 of the I485 instruction form mentions that we can file I765 and I131 for free if u paid for the I485! I don’t see any restrictions whether we are asylum seekers or not! May be I missed something!
We used to do that for asylees, but it stopped working, and I forget the reference to that. Maybe they changed something again, but I have not heard about that. As far as I know, an asylee who files an I-485 is not eligible to get the EAD without paying, though they can get the Refugee Travel Document (form I-131) without paying. I guess there is no real harm in trying to get the EAD for free, as long as you leave yourself enough time to re-apply if it gets rejected. Also, of course, asylees are eligible to work even without an EAD (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). Take care, Jason
Hello Jason, the processing time for the Refugee Travel Document and the Re-Entry Permit that is designated for Permanent Residents is about 17 months last I checked. It is so frustrating to wait this long period for a such a document that is only valid for 1 year in the case of RTD and 2 years in case of re-entry permit.
Can one challenge this in court? Do these documents require adjudication? People who are eligible to apply for these documents are asylees, refugees, and permanent residents. Those are people with status that had already been granted and adjudicated. Why make them wait more than a year for a simple document.
Who decides the validity period? Is it a policy or a law? I hope you can provide some answers because the current situation is very difficult.
Hello Jason, the processing time for the Refugee Travel Document and the Re-Entry Permit that is designated for Permanent Residents is about 17 months last I checked. It is so frustrating to wait this long period for a such a document that is only valid for 1 year in the case of RTD and 2 years in case of re-entry permit.
Can one challenge this in court? Do these documents require adjudication? People who are eligible to apply for these documents are asylees, refugees, and permanent residents. Those are people with status that had already been granted and adjudicated. Why make them wait more than a year for a simple document.
Who decides the validity period? Is it a policy or a law? I hope you can provide some answers becuase the current situation is very difficult.
As far as I know, the validity period are just policy decisions made by USCIS (stupid policy decisions, I might add). I do not know that it could be challenged in court, but I could imagine a case stating that it blocks a person from the right to travel, and so their rights are being violated. Whether that could work, I do not know, but it would be nice if someone challenged it, since USCIS seems uninterested in fixing this problem on their own, even though it seems like a super easy fix – just change the expiration date of the document. Take care, Jason
Hi dear Jason,
Thx a lot for the immense work you’re doing for us-asylum seekers. I have one question regarding work in the USA before getting EAD.
What should be the best possible answer at the asylum interview, when officer asks whether or not asylum seeker worked illegally in the country before getting EAD?
Although its obvious that its impossible not to work and stay alive here (and everybody knows it pretty well), I’m afraid officer can use it as an excuse for denial.
Thanks in advance
You should tell the truth. They do not seem to care about that, and working illegally would not block a person from getting asylum, whereas lying about something could block you from getting asylum (working unlawfully could potentially block a person from other immigration benefits, such as getting status based on employment, and maybe other benefits, but it would not block a person from asylum). Take care, Jason
Hi Jason,
If my case is transferred to immigration court after approval due to lack of jurisdiction, am I eligible to apply for TPS ? If I am approved, can I travel out of US ? And what are the precautions and risks I need to keep in mind ?
Thank you so much Jason,
If you are eligible for TPS, you can get that whether your case is in court or not. I have had clients with TPS and Advance Parole travel and return to the US while they are in court without any trouble, but I think this is a bad idea. If you leave the US while you have a court case, you may be considered to have deported yourself and you may not be permitted to return, or you could be detained upon arrival here. One option is to try to dismiss the court case based on prosecutorial discretion and then travel with Advance Parole/TPS. Take care, Jason
Hi Jason
I had my master hearing canceled and the judge
requested written pleading.
Is that something bad?
A lot of judges do that. Speaking as a lawyer, I find it very annoying, as you have less control about when they will schedule the individual hearing, and they invariably schedule it on a date when the lawyer is not available – even though we specifically tell them when we are not available. I also think it is more time consuming and it takes away the applicant’s chance to get an idea about the judge. I guess some lawyers prefer this, but I think it is a bad idea, though it should make no difference in the case outcome. Take care, Jason
Hi Jason my attorney submitted expedite request many time to the juge for my individual hearing which I was waiting for since February 2021 .I already sent written pleading on February 2021 .until now no individual hearing yet but my attorney told me he sent a note to schedule me for that .is it common for the court not to answer or not to schedule after two years?my wife is in trouble and all my family too I sent every evidence but nothing yet.
Scheduling the case is really up to the judge and different judges act differently. I am not sure that your lawyer can do anything else aside from make such requests. If that fails, maybe you can file a mandamus lawsuit to force the court to schedule your case, but as far as I know, those are rarely used for immigration court (they are more common for USCIS cases). Take care, Jason
I have a question if judge did not grant me asylum ,do I still have to go for bia ,if I have pending u visa?
It depends on many factors, and so I do not know. If you can dismiss your court case based on the pending U visa, that would avoid going to the BIA – if DHS and the judge are willing to do that. However, if asylum is denied, probably you will want to appeal to the BIA. At least then you will have more time while USCIS hopefully adjudicates the U visa. Take care, Jason
Hi Jason, I’m on TPS and trying to have my removal proceeding dismissed. dhs were contacted to see if they will agree with the dismissal but we got no response from them. How long does it usually take dhs to respond to such requests? If we never get a response from them, what next steps can be taken to dismiss the case?
In many cases, they do not respond until much closer to the final court date (obviously, this is problematic for many reasons). You can keep trying by email and phone, and you should be able to contact the “duty attorney” eventually, or find out if any lawyer is assigned to your case. If ultimately, they fail to respond, you can file a motion to dismiss with the court and see how they and the judge respond. Take care, Jason
Hey Jason.
I am a green card holder through asylum. My wife is here in the United States and has a derivative asylum through my petition. My wife is trying to adjust her status by filing I-485. We already have an approved I-130. It looks like she has two avenues to adjust status. One through the I-130 and the other through the approved I-730. Which avenue should she pursue?
Thank you so much for your help.
TJ
If she is here and has derivative asylum status already, she can adjust status on that basis. It is a little easier, since you (the petitioner) do not have to submit a form I-864, affidavit of financial support. Under new rules, she does not have to wait for one year after getting asylum before filing for the GC. I wrote about that on February 8, 2023. But it sounds like you can do it either way. Take care, Jason
Dear Jason
Thank you again and again for what you doing to people like me.and thank you for advise and hope.
I wrote to you many times about my case. I applied to GC on 09/2017 since that time i was waiting till i got an interview on 02/2023. The officer asked my why i been delayed he though maybe because i moved between 3 states while am waiting for GC, and the last time i came to the city i live on it now ,and i contacted my Attorney to change my address but he seems that he forget to send the new address to USCIS. Till i get letter from USCIS they told me to give them my new address or i will be delayed in my processing.i changed my address by my self ( thats happened before interview) then the officer he told me to wait 30 days and he will try to send me the decision or maximum 90 days if not contact them. Now its 212 days since i did my interview i contacted USCIS many times by doing Inquiries through the website the last time i got response ( to allow them 180 days because they are working in many cases) then i contacted my Senator last week USCIS respond to him by this ( Thank you for your inquiry, dated August 10, 2023, on behalf of your constituent, Mr Ishag, regarding his pending Form I-485, Application to Register Permanent Resident or Adjust Status.
U.S. Citizenship and Immigration Services (USCIS) records indicate that Mr. Ishag’s case is pending at the . USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security, and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays. Please know that this application is in queue and has not been overlooked.
We respectfully request you allow at least 180 days to lapse from the date this email was sent before following up on the status of the case. We hope this information is helpful. If we may be of further assistance, please let us know. hank you for your inquiry, dated August 10, 2023, on behalf of your constituent, Yousif Ishag, regarding his pending Form I-485, Application to Register Permanent Resident or Adjust Status.)
So my question to youSir and i need advise , shall i wait again 6 month or do uscis amendment !!
Yours
Joe
This sounds like a boiler plate (standard) response. I would make an inquiry through the USCIS Ombudsman’s Office – there is a link under Resources and they sometimes help with delayed cases (and it is free). If that does not work, I would talk to a lawyer about a mandamus lawsuit. While it is possible that USCIS will do their job in your case, they have not done so for nearly 6 years. I think suing them in a mandamus lawsuit is perfectly justified. Good luck, Jason
6 years waiting for adjustment of status!!?? I am completely shocked. I hope you will be approved soon and out of the immigration system in the very near future.
Hi there,
I am a C1/D visa holder who applied for asylum and had an interview. My asylum decision was delayed, and I went to the Arlington USCIS office several times to inquire about my case. However, I was unable to obtain any helpful information beyond what was available online.
After a year of waiting since my interview and countless visits to the USCIS office, I finally requested a FOIA and received my documents back. According to the FOIA documents, my asylum was granted and my I-94 was stamped. After learning this, I went to the USCIS office again to inquire about my case and showed them the copy of the grant letter that I received from FOIA. After several more visits to the office, I finally received my approval letter and I-94 from the USCIS.
However, a few days later, I received a letter from the USCIS stating that the asylum approval they gave me was out of their jurisdiction because my entry visa was D1. However, I was positioning from the departure point in the US, and I was a backup pilot who was not positioning or operating. What should I do to keep the grant of my asylum? The type of entry upon arrival to the US (either C1 or D) was not written on my passport.
It’s hard for me to remember the rule on this, as I have only done a few cases where the person arrived with a C or D visa. However, there are different rules for such visa holders, and it may be that crew members (which as I understand means anyone who entered the US using a C or D visa) are not eligible to have their asylum case decided by the asylum office – it can only be decided by an Immigration Court. The asylum office probably should have told you, but if the case gets referred to court, you can certainly present everything from the FOIA (including the approval), which will hopefully help you in court (though it is no guarantee). Take care, Jason
I am seeking clarification concerning the eligibility for a Travel Document and Advanced Parole regarding a pending asylum application. According to the I-131 guidance, it is unclear whether or not individuals with pending asylum applications, who have yet to receive an interview, are eligible to apply for either a Travel Document or Advanced Parole before adjudication for their asylum application. What are the current laws regarding these matters, and may I use a Travel Document and Advanced Parole if I wish to travel to a third-country (which is not the country I am seeking asylum in) for non-emergency reasons?
An asylum applicant is eligible for Advance Parole, but not a travel document. AP allows you to re-enter the US, but you need to use your passport to travel. I wrote about AP on September 11, 2017 and that would give you more info. Take care, Jason
Hello Jason,
I was under I-589 since 2016 and still no interview has been scheduled. My case had been added to Short Notices list few years ago, but still no replies back from the office since then. I recently heard that applicant could request the interview office to schedule an interview sooner by issuing an order or “suing” them or whatever it called which is more forceable than adding to the short notices list. May I know if you are able to work on it? If so, are you participating in CLC program which offers up to one hr free for initial consulting service? Thank you!
We are not currently doing mandamus cases, but some lawyers are – you can just ask around. We wrote an article about mandamus (in the context of getting a decision, not getting an interview, but it is basically the same idea) on October 3, 2018. Take care, Jason