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 had a question regarding form I-485. I was granted asylum in October of last year, and I was issued a physical I-94 card shortly after. The number on the I-94 card I was issued is different from the I-94 number the CBP website shows for my last entry into the US. Now, while filling the I-485 form, should I use the I-94 number I was issued after being granted asylum or should I use the I-94 number from my last entry. If it helps, I was admitted into the US on a student visa. Thank you.
For the form, we usually use the I-94 number from the asylum grant, but we include copies of both I-94 documents with the application. I do not know that it really matters which number you use on the form, as long as you include both I-94 documents with the application. Take care, Jason
Hi Jason,
So I got a notice about the acceptance of previous fingerprints for my 485. It also states I may get my own FBI record. Is that needed or do you recommend it? Thanks
It is pretty common that USCIS re-uses fingerprints if you have already done them, so that sounds normal. Unless there is some need to get the FBI record, we never bother with that, but there is no harm in getting it, if you want. Take care, Jason
Hi Jason how are you doing ?i talked to you about my brother who has asylum court case and wait for individual hearing but got married to her wife abroad and need to divorce before applying for his adjustment her.his problem is he has no news from her wife since two years how he can get divorce ?give us your advice
There is a way to get divorced if your spouse is overseas and you cannot contact her, but I do not know much about that. Try to find a divorce/family law lawyer who does international cases. They should be able to help. Also, for immigration purposes, you must have a legal divorce before you marry someone in the US. Take care, Jason
Hi Jason,
I’m a US citizen and I had one felony for which I served 1 year in prison! My girlfriend and her 2 kids are in Africa and I want to marry her and process for them so that they join me here! So My question is: Do I still have the right to bring them here? Or does being a one time felon will restrict me from having that privilege?
Thanks
I think the felony should have no effect at all. The only possible exception is if the felony relates to domestic violence. If that is the case, you might want to have a lawyer double check. Take care, Jason
Hi Jason,
Can I use my I797c document to get my driver license?
I do not know, but you can try. For my clients (mostly in Virginia and Maryland), I think they need the work permit to get a license. If you are still in valid non-immigrant status, you may be able to get a license based on that as well. Take care, Jason
I checked it at the Virginia MVA and they said I can but they need a confirmation from USCIS whether to use that document or not! Other friends of mine from VA also told me that they got the driver license with that document but the MVA took around 15 days to verify the document from USCIS and emailed them to come back and process the driving license(Just in case it helps someone)!
Thank you. The DMVs are often fairly unpredictable. It would be nice if the website would provide more info about this, since many people are in a similar position and it would help to have more certainty. Take care, Jason
Hi
Hope you are doing well. My asylum has approved and I applied for green card but haven’t received yet. I want to travel to Hawaii for Christmas. Is that possible to go there without greet card and going back to California?I live in California.
Thanks a lot
Yes, that should be fine, as long as you do not travel through any other countries (which would not be normal for most flights to Hawaii). Take care, Jason
Hi Mr Jason
It has been 15 days since I submitted my n400 ,how long does it take to hear back from USCIS
Best
For the receipt, it probably takes between a few weeks and a few months. I think it is definitely too soon to worry and you should get a receipt soon. Take care, Jason
Hello Jason, I recently sent my updated medical to uscis after they sent me a RFE stating that the I-693 I submitted with my application expired because my GC application has been pending 3+ years. It has been over a week since I mailed it via express mail as they suggested in the rfe, however there has been no update to say they even received my response. Case status still says rfe sent. Is this normal? When I contact uscis representatives, they honestly seem extremely clueless and seems to me like they literally go to website like we all do, sees and knows only what we know or less. I’m probably just frustrated at the lack of information they can provide. I was told to wait 60 days before I contact them, by then, the deadline would’ve passed to respond! in the event that they probably lost the mail (God forbid), it could result in a denial. I don’t see how that makes sense, I am hoping that will not be the case.
My guess is that the online system was not updated yet, but I am not sure how else to know. If you’ve sent the letter by certified mail and have a receipt, that is at least some protection if USCIS denies the case for not receiving the medical exam. Hopefully, the online system will update soon. But if not I guess you can try again to call or submit an inquiry through USCIS Help (there is a link under Resources) or your online account if you have one. Take care, Jason
Dear Jason,
I’ve been invited to naturalization interview, in my application there are my three daughters mentioned under 18. Shall I bring them to the interview? what I know they will automatically became US citizen and I have to apply only for N600. Your advice is needed.
I do not know why they would be needed at the interview. If they have GCs already and if they live with you, I believe they will become US citizens once you naturalize (I am not 100% certain what the age cut off is – whether it is 16, 18 or 21), but they will then need to file form N-400 or they can directly apply for a US passport. Check the instructions for a passport application to see how best that works. Take care, Jason
Hi Jason my brother finally get married to us citizen.
How long he need to wait before applying for adjustment and he want to apply for working permit too.his case was in court and he was waiting for individual hearing since 4 years and in his case he put her wife abroad like dependent .is it not huge problem ?the uscis will block his application when they know he was married and put her wife in the file but get married her again?
He has nos news from her country wife since 2 years
If the new wife is a US citizen and if he is eligible to get a GC, the first step would be for her to file an I-130. However, he would have to be divorced from wife #1 to do that. There are different options after that, but either he would try to get the court case dismissed or he would try to get the GC from the Immigration Judge. I wrote about this issue on August 6, 2018, but he should talk to a lawyer about the specifics to determine how best to proceed (and if he is eligible). Take care, Jason
Hi Jason,
Can one get asylum approval nunc pro tunc due to years long delay in decision after interview caused by uscis?
Good question. I have a few such cases pending, including one from December 2018, and we are still waiting. In the past, they would get approved eventually, but these days, it seems that nothing is moving. Take care, Jason
Hi Jason,
I recently applied for I485 and I wanted to travel outside of US but not to my original country so how do I apply for a travel document? What other documents do I need to have to travel as my old passport has expired?
Thanks
If you have asylum, you can file form I-131, available at http://www.uscis.gov, for a Refugee Travel Document. The fee is $220, but if you have the I-485 receipt, you should be able to use that instead of paying. USCIS should accept the receipt, but it may not, as the agency does not always function properly (in case you hadn’t noticed), and so if you are worried about that, you can just pay the fee. The wait time is quite long, I think well over 1 year (you can check processing times on the USCIS website). Take care, Jason
Greeting Jason,
Thank you for usual support and I come across this BBC news where the link attached below ; in which the daughter waited three years to join her mother. In my case it is not a surprising news , my minor daughter waited 7 years to see me and she almost forget me when we met each other.There are many cases in which families separated forever and therefore is there any accountabilities from national or international law about this mess?
https://www.bbc.com/news/uk-england-birmingham-67232551
best regards,
It is a huge tragedy, but no one seems to care, and given all the other issues that need attention, I doubt we will see improvement for asylum seekers any time soon. We will keep advocating for them, but it is not easy to feel hopeful. Take care, Jason
Hi Jason,
I have an asylum-only hearing scheduled for December 15th. Since it’s an asylum-only hearing and I don’t have a Notice to Appear (NTA), do I need to submit written pleadings to request a change from the master calendar hearing to an individual hearing? My case was referred to the immigration court after approval, primarily due to a lack of jurisdiction.
If there is no NTA, I do not know how you would enter pleadings, and I am also not sure why the asylum office lacked jurisdiction. If this is an Individual Hearing, you should prepare your evidence and testimony, as normal. I strongly recommend you find a lawyer to help, as court cases are more complicated than asylum office cases. Take care, Jason
Hi Dave,
I have an asylum-only hearing scheduled for December 15th. Since it’s an asylum-only hearing and I don’t have a Notice to Appear (NTA), do I need to submit written pleadings to request a change from the master calendar hearing to an individual hearing? My case was referred to the immigration court after approval, primarily due to a lack of jurisdiction.
Hi Jason,
I have tried to expedite my GC application and received the below response. Can you please advise if it’s a rejection, and if it is, can I appeal or send a follow-up request with additional proofs?
“ The status of this service request is:
Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests. While your situation appears serious, you have not provided evidence of an extreme emergent need.”
It looks like a rejection. You can try again and provide more evidence of the emergency. I did a post on January 29, 2020 where I talk about expediting with USCIS and maybe that would help. Take care, Jason
Hi Jason,
Is there any way to find your own comments from the past here?
Thanks
I think the only way you can do that is a search with control F, but maybe you are better to ask the question again. Take care, Jason
Dear Jason,
I hope you are doing great. My wife and two minor children came to the United States as follow to Join asylees a year after my asylum was granted. As a part of the process, they were required to submit I-765 at the Embassy during their immigrant visa interview. Are they supposed to receive a new I-765 to get EAD and SSN? Or Shall we wait since they have already submitted the form at the embassy? How long does it take for the I-765( I think Category A-5) take to be approved?
What do you think is the recommended path we should follow in the process?
They should automatically get the EADs since they completed the I-765. I would expect that in a month or two, and if not, I guess you can file the form again. Note that they no longer need to wait for a year to file for their GC. I wrote about that on February 8, 2023. Also, they can legally work even without the 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), though it is obviously much more convenient to have the work permit. Take care, Jason
Hi Jason, our family applied asylum base GC medical forms as per USCIS request my husband is main applicant for asylum. Other than my husband me and my kids online status is changed to that medical evidence received but my husband’s status has not been changed we filed at the same time in one big envelope. My question is it a normal thing or we need to contact with USCIS and ask them about whether they received his forms?
Take care
I do not know if it is “normal,” but I am also not sure that it is a problem. It may be that the update simply did not appear online. You may want to send a message through the online USCIS portal or USCIS Help to inquire about the status. You can also try to call and reach a person at 800-375-5283 (this is not easy). I would at least try an online inquiry, as that is pretty easy and creates documentation about the fact that he filed the medical exam. Take care, Jason
Dear Jason,
My spouse is the main applicant and I am a derivative. Our application for asylum is still pending for years. In a case of divorce, what will happen to the derivative. Should he or she fill a new asylum application?
Thank you Sir
If the derivative wants to remain in the US and has a fear of persecution, probably the best option (and probably the only option) is to file an asylum case. The derivative would file at the Asylum Vetting Center – see the “Special Instructions” on the I-589 web page, at http://www.uscis.gov. I wrote more about this issue on January 26, 2022 and February 10, 2022, and maybe those would help. Take care, Jason
Jason,
Would your office handle two cases? An asylum case and a J1 waiver? I would rather have the same office take care of both instead of going to two different offices. You mentioned Todd for the J1. Who would be taking care of an asylum case at your office? Would it be you or someone else?
Both cases are for the same person.
We could potentially do both cases – you can reach out to Todd or me (JDzubow@DzubowLaw.com). Take care, Jason
Hi sir
My question is , my i130 progress is going up and down??? At one point was five months to get a decision, then two, then back to five again, any thought on that? My wife filed for me back in may, just so you know….. have a great day
I think the processing time for an I-130 is over a year, but I am not sure – it depends on the category and the wait times do seem to change frequently. You can see processing times at http://www.uscis.gov. There is an additional wait time if your wife is a green card holder (there is no additional wait if she is a US citizen). Take care, Jason
Hi Jason, there is a hypothetical scenario with a question. A person from Syria fled in 2012 to Jordan fearing for her life from the Syrian government. She stayed in Jordan for two years on temporary status. She was not given the right to stay or work in Jordan. Then in 2014, she moved to Finland and lived in Finland for two years on a limited student visa. In 2016, after two years in Finland, she moved to the United States. She applied for asylum and she was granted asylum in the United States. Can this person visit Jordan and Finland given that she resided in those countries before coming to the US and being granted asylum in the US?
Some attorneys say that the Asylees should not visit the country of origin and the countries of previous residence. But this advice is strange. In the case above of the Syrian asylee. She did not suffer persecution in Jordan or Finland. She just temporarily resided in those countries prior to coming to the US. Why she should not visit them? Is it true, that a person with Asylum should not visit the country of origin and also the countries where they resided in the past. Again it sounds strange and there might be some confusion.
Visiting Jordan or Finland should be no problem, assuming she has a travel document. Those are not the countries of feared persecution, and so it is fine. Take care, Jason
Hi Jason,
Thank you so much for everything and I hope you are doing well with your work and life. I hope you can help me with my anxiety waiting for my initial EAD processing. I have been waiting for almost a month now after I submitted I-765 for my initial EAD based on my asylum pending. As I put in my comments earlier that I explained on my application that the government detained me at a police station when I protested against their persecution of the local church and fellowship. I was not able to acquire any documents as It would bring shame to me and my family as well as jeopardy even if it was an unlawful arrest from the authority. I checked “Yes” for the arrest history to stay consistent with my asylum claim and I attached the cover letter including my legit explanation to my application for the online form submission and I have been waiting for a month now with no responses back.
I’m getting more anxiety waiting for my initial EAD approval every day but it is still pending and I don’t know how long still it is gonna take. Would they deny my application or delay my application? I sincerely have no idea. Any professional suggestions or assurance would help a lot for me. Thank you so much.
Best regards,
Piccolo
The arrest you describe would not be a basis to deny the EAD. That should only be denied if you have certain types of criminal convictions. Normally, a first time EAD takes 1 or 2 months, and so I think your wait time is normal so far. Maybe checking the “yes” box will slow things down a bit, but I doubt it. Hopefully, the EAD will arrive soon. Take care, Jason
Jason,
Thanks for getting back to me for my questions.
I thought the travel document is enough by itself to get out and in the US? also I thought with the US travel document you can get into other countries? Isn’t it similar to passports/UN passport? A white color kinda “passport”??
Right now, I don’t have a valid passport as I can’t renew mine.
There are different types of travel documents. If you are talking about a Refugee Travel Document (form I-131, available at http://www.uscis.gov) that does work just like a passport, but it is valid for only one year. If you have Advance Parole (also obtained using form I-131), that acts like a US visa and allows you to re-enter the US, but you need a valid passport to travel. There are other documents as well, such as the re-entry permit (also form I-131), which looks like a passport, but is really only supposed to be used for entering the US. Some countries may accept it as a passport, but I do not know about that. Take care, Jason
Evening sir
Just wondering if we’re still able to renew the DL with work authorization receipt, if so what’s the length of that extension, your help always appreciated….
Most people seem able to do that, and you should be able to since the receipt specifically states that the EAD is extended for 2 years. If the DMV refuses, you have to ask for a supervisor, and hopefully that person can help. I do not know how long the DL extension would be, and that may vary depending on the state. New EADs will be valid for 5 years, and so that will make the whole DL process easier. Take care, Jason
I went through that, had my DL renewed with receipt in Virginia
Process here is they scan the receipt and send it over to USCIS for verification (i was able to to get verified in 10 minutes but it can go as long as 15 days) , an email is sent to customer confirming the receipt was verified and you get your DL renewed right there. Virginia has been giving 1 year DL licenses
But i reached out to them online, they called me back later and confirmed that whatever the validity of EAD or other document is, DL will get the same validity
That is helpful – Thank you, Jason
@SAM and Jason, thank you both!
I was under the impression that if you require REAL ID, they are able to renew for one year, no?
my EAD is valid thru Jul23 but the DMV rep said that we are only able to renew for one year at a time. This is encouraging, maybe Virginia DMV will change that and renew according to EAD validity.
Again, thank you both.
AAH
Jul25* not Jul23 apologies for the error
I think they often renew the DL for the same validity period as the EAD, but it seems to be constantly changing and I am not really sure, as I do not do any cases at the DMV. Take care, Jason
Jason,
In my comment below, the travel won’t be to my home country where I fear prescription. I’ll need to see some of my family in a neighboring country where they fled. Would that be an issue?
Jason,
Is it ok to apply for a travel document right after applying on asylum? If yes, how long does it usually take for a travel document to be issued?
Also, is it ok to apply for asylum years after getting in the US due to recent serious threatening events.
Last but not least, would your office handle a J1 waiver case and asylum case for the same client?
You can apply for a re-entry document, called Advance Parole, if you have a pending asylum case. I wrote about that on September 11, 2017. You can apply as soon as you have the asylum receipt, and it may be that USCIS is issuing AP for 5 years, hopefully. You also need to use your passport to travel, since AP is only to re-enter the US, and using your passport could potentially have an effect on the asylum case. At least you should be able to explain why you used a passport from a country that wants to persecute you. You can apply for asylum years after arriving. You will need to address the one-year bar, to explain why you did not file on time. Changed circumstances can be a basis to overcome the one-year bar. I wrote more about that on January 18, 2018. My law partner Todd does J-1 waivers (TPilcher@DzubowLaw.com). Take care, Jason
Jason,
The travel won’t be to my home country where I fear prescription. I’ll need to see some of my family in a neighboring country where they fled. Would that be an issue?
It is probably fine, but depends on the case. If using the passport from a country that want to persecute you somehow raises doubts about the asylum claim, those will need to be explained. I think there are few cases like this, but if you think it might be your case, you should be able to explain why you used the passport. I think it is somewhat more difficult to explain if your country issues you a new passport (why would they give a passport to someone they want to persecute?) and it is very easy to explain if you do not fear harm from the government itself, but instead, you fear non-state actors (like terrorists). Also, I should have mentioned this, while I think the two-year home residency requirement for the J-1 has no effect on Advance Parole, I am not 100% sure, and so you might have a lawyer double check that before you apply. Take care, Jason
good day sir
I filled for work authorization c9 later after submitting i130/ I 485 and my package was received by USCIS last Wednesday and still nothing like receipt or a case added to my online USCIS account which usually they do few days later , you think this is normal? How long it should take?
Thanks a lot….
I think it is too soon to be concerned. Hopefully, it will be added to the online account soon, and paper receipts sometimes take weeks or even months. Take care, Jason
Jason,
I asked if it’s possible to apply for a J1 waiver after applying for an asylum (of course the same case maybe with updates). I reached out to a lawyer that I wasn’t sure he knew what he was talking about. I asked if it’s ok to apply for J1 waiver after applying for an asylum and he said “you can buy them won’t even look at your J1 waiver application, they will just send it to the same office where your asylum case is and your J1 waiver will just park there and you’re not going to hear back anything about the J1 waiver”. Now, is that true? Is there anything in the US immigration law prevents an asylee from applying to a J1 waiver after applying an asylum case? Would the J1 waiver have an negative impact on the asylum case?
You know, life goes on, if an asylee gets married to a US citizen then why not apply for GC through marriage? Why wait years and years for something that may never happen.
“You can but they won’t even look at your j-1 waiver application” **
I have never heard about a J-1 waiver and I-485 being put on hold because an asylum case is pending, and so I think this may be wrong. You may want to ask the lawyer where he got this information. Take care, Jason
Hi Jason,
I am very thankful for your support and help to the asylum seekers. We sent our medical examination forms as per USCIS request after one year of filling form I-485. My question is how much more time it will take to approve our green card application after submitting medical forms?
Take care
It is not predictable. It used to be that USCIS would normally give a decision within a few weeks of submitting the medical, but that does not seem to be true any longer. I think the average wait time for an asylum-based GC is 2+ years, though some people get the GC sooner. You can check processing times at http://www.uscis.gov and that will also give you some idea. Take care, Jason
Jason,
Can someone apply for an asylum then apply for a J1 (2 years home residency requirement) waiver? Is that possible and would the J1 waiver get processed since the application applies for an asylum already?
Since the applicant applied**
It is possible, and since asylum cases are often taking many years, the J-1 waiver will likely be processed first. If you win asylum, you do not need the J-1 waiver any more, as the home residency requirement no longer applies. Take care, Jason
Jason,
How do I book an appointment for a consultation with you? I am subject to J1 (2 years requirement). I am now married to a US citizen but haven’t applied for asylum yet but I do have a legit solid case (I think). There’s more into this but please guide me to how I can get an appointment with you. Thanks.
My law partner does J1 waivers and so you may be better off contacting him: Todd Pilcher at TPilcher@DzubowLaw.com. Thank you, Jason
Hi Jason,
Hope all is good with you.
I have granted my asylum in Mar 2023, and do you think that it is safe to apply for GC now or should I wait for few more months? How is the queue for the GC application at USCIS?
Thank you sir!
Most people are waiting 2+ years for a GC after they apply, and so it is probably safe now, but there are no guarantees. I have been recommending to my clients that they wait 6 months before applying for the GC, and I tell them that there is some small risk that the case will be processed too quickly and could be denied, but I think the risk is very small, and that people are basically safe to apply for the GC after 6 months with asylum (assuming they meet all other requirements, of course). I wrote more about this issue on February 8, 2023. Take care, Jason
Thank you Jason for your comment. Appreciated!!!
Hello Jason,
Hope all is well.
I am an asylum applicant waiting for interview from 5+ yrs. Filed writ of mandamus in May 2023 but nothing productive yet. Please be advised.
Secondly, planning to marry a guy who is already married. We both are immigrant & love each other. His wife lives in different country and he has his wife name on his passport. How can I make my marriage possible legally and add him in my pending application for asylum with no negative impact on mine? Please suggest
Thanks
He would need to be divorced and then you can legally marry. After that, you can add him to your case (this is often not easy due to bureaucratic incompetence from the asylum office). I wrote about the process of adding a dependent on March 29, 2023 and hopefully that post will help. Take care, Jason
Hi Jason,
I applied for naturalization and my kids were included, do you know if my kids should also appear on interview? if I succeed for the interview, my dependents with green cards will also automatically be naturalized? or they will need also to apply individually.
Thanks and regards,
I do not know exactly what you mean – a citizenship application (form N-400) is only for one person. If they are minors and have GCs, and you become a citizen, they automatically become citizens, assuming they meet all the requirements (check the instructions to form N-600, available at http://www.uscis.gov, which I think has this info). Once you are a citizen, the children need to either file form N-600 (to get a certificate of citizenship) or file for a US passport. If they are over 18 (I think that is the age – but you can check the instructions to form N-400), they need to file their own N-400. Take care, Jason
Hi Jason,
So my asylum was approved after more than years since interview. Do you know of any legal relief or compensation I can get for having lost these 9 years? For example, can these several years of waiting since interview count towards GC or citizenship? Or can a lawsuit be filed to be compensated for this injury in the form of 9 years lost.
asylum was approved after more than 9 years since interview
I know of no way to get any type of compensation or any faster path to the green card. The only benefits are (1) you can apply for a green card after less than one year with asylum. I wrote about this on February 8, 2023. (2) When you get the GC, it should be back-dated one year, as a way to give you some credit for time served. From the date printed on the card, you must wait 4 years and 9 months (meaning 3 years and 9 months from the date the card is received) and then you can apply for citizenship (assuming you meet all other requirements). Take care, Jason
I see. Thank you, Jason for your help. Take care
Hi Jason,
I have to write the name of a 4th organization on the extra sheet of 485 as there is space only for 3 organizations in the form, but don’t know what to put as item number as it is not a straightforward question. Should I leave it blank?
I am not sure I understand what you mean, but you can just put the page of the form and section number – as long as USCIS knows what you are referring to, it should be fine. Take care, Jason
It’s the question about membership in any organization but has space only for 3 organizations. I’m adding the 4th organization on the extra page but don’t know what to put as the item number or even the page number as that question extends from page 9 to 10.
I do not think it much matters, but I would probably put the page number for the first page, the section/part of the form, and the question numbers (a range of numbers) that you fill for the first membership. But as long as the reader can tell you are referring to memberships, it should be fine. Take care, Jason
Hi Jason,
Sorry to bother you with too many questions.
The Chicago Lickbox address is “131 South Dearborn-3rd floor” but UPS was saying Dearborn should be followed by St as its incomplete address. Also, when UPS printed the shipping label, the attn part came without “attn” and the NFB came above USCIS unlike the official address. What do you recommend? Should I hang write the address myself as UPS won’t let me write it myself.
Thanks
This I do not know. I would use the address on the USCIS website, but I doubt there is much issue if you add “Street” to the address. I guess if you think they will receive it and understand where to direct it internally, it should be ok. Take care, Jason
Dear Jason
I have a pending i130 / i485 but when I applied for it I didn’t apply for a work permit, you think now that I might need it I could apply? It will be my first based on marriage? Is there any advice for me on this one, thanks a bunch
You can apply – use form I-765, available at http://www.uscis.gov. You should be able to include a copy of the receipt for the I-485 instead of paying the I-765 fee. When you pay for the I-485, that fee included one work permit based on category c-9. USCIS should accept that and not charge you, but you may want to include a cover letter explaining that you paid the I-485 fee and that this is your first work permit based on the pending I-485. Take care, Jason
Thank you so much for your valuable advice
Hi Jason,
Should I put the page showing the current processing time for AOS for asylees (31.5 months) and mention it in the cover letter also to justify my earlier filing of AOS before one year of presence?
Thanks
I guess you could do that, but it is not something I have done. Take care, Jason
Hi Jason,
While sending 485 and 131 together, do you recommend binding them together or separate but in the same envelope?
Do you write separate cover letter for 485 and 131?
What kind of envelope do you use for photos and check? Is it a plastic or paper one and is it transparent or not?
Do you clip or staple the envelope which has photos and check inside?
Photos and check are in the same envelope or different ones?
Thank you.
I send them two-hole punched together and I put a sticky label on the first page of each form with the number of the form. I write one cover letter for both. I just use a paper envelope for both the check and the photos and I write “photos and fee” on it and staple it to the cover page. I am sure different lawyers do it differently, but that is how I do it and it has worked fine (so far). Take care, Jason
Hi Jason,
I just summitted my application for my initial EAD based on my asylum case pending. For the question of “have you been arrested or convicted of a crime?” on I-765, I checked “Yes” and I have attached the cover letter explaining it was an unlawful detention for my protesting against the illegal persecution on the local Christian in my home country. I have explained the police put us in the confinement without a warrant and we weren’t even trialed for a legal processing before they sent us back. And I was not able to acquire any documents for the unwarranted apprehension under the circumstance. Would this be a problem for the approval of my application?
Best regards,
Piccolo
Hopefully not – It certainly does not block you from getting an EAD. The only issue is whether it will cause a delay. Most initial EADs are pretty fast – 1 or 2 months, so hopefully you will get the card soon. Take care, Jason
Hi Jason,
So I put 485 and 131 together into one packet with 131 being at the bottom. All these documents were bound together with the same metal prong through two punched holes. Do you think it was wrong and may cause confusion or delay the processing of 485?
Thanks
That is how I send the applications. I put a tab on the first page of each form to show where the form begins, and I have a cover page listing the forms, but I think USCIS does not pay attention to these things, and I think you will be fine. Take care, Jason
Hi Jason ,if I got married to us citizen but my asylum case is still pending for individual hearing ,should I wait to get my green card through that marriage and close my case or I can’t get green card there because of my asylum case with court ?
You should be able to get the GC normally, and it is best to wait to get the GC before closing your asylum case (if you close the case before you get the GC, they could refer you to immigration court, which will create problems and delay). I wrote about this issue on December 7, 2022. Take care, Jason
Hi Jason!
I am pending asylum applicant married to US citizen. My wife I485 application for adjustment was denied after I 130 application approval and successful interview because asylum is not considered as a lawful status. My wife was green card holder when we applied for the adjustment. Now she is citizen and I am planning to reapply. My first question is with her being citizen, my status as pending asylum seeker will fall in among those that are exempted and may not face similar rejection due to status right? Second question is we have been doing joint tax for the last couple of years and most of the income is from me and it’s much higher than the minimum requirement. Can I apply the I 864 form by myself or it should be my wife which should file I 864 and I need to apply I 864 a? Her income may not meet the minimum required income.
Thank you so much as usual for your good deeds Jason!!!
If you entered lawfully and your wife is a US citizen, you should be eligible. You have to talk to a lawyer about specifics to be sure, and it seems to me that you should do that, given the prior denial (as that may have created additional pitfalls). In terms of the I-864, she must complete the form as she is the petitioner. However, you can do form I-864A to use your income towards the total. I personally prefer to find a joint sponsor, as I think that is safer, but you should be able to do that using the I-864A (and worse case here, USCIS will request that you find a joint sponsor if they do not like the I-864A). Take care, Jason
Thank you so much for the advice Jason! My application was rejected because they asked for evidence why I think my status is adjustable (pending asylum status). Our justification was that this is beyond my control, I havenot got an interview. My lawyer responded for that but they sent denial with reason that the response was not submitted on time. Btw our interview was great specially when they knew we have two kids. The only issue the interviews mentioned was whether my status is adjustable. This time I am planning to reapply by myself because I don’t see any complications. Do you see any complications please?
If the case was denied because you did not reply on time, you should be fine if you re-submit (and do everything they request on time). However, if you are not eligible for some reason, you will likely be denied again. I would have a lawyer evaluate the case to be sure you are eligible before you re-file. Or maybe ask your old lawyer about eligibility. Take care, Jason
Hi Jason,
In 485, should I answer yes to question “Have you ever applied for any kind of relief or protection from removal, exclusion, or deportation?” based on the fact that I had applied for asylum?
If you applied for asylum in Immigration Court, you put “yes”; otherwise, “no”. Take care, Jason
Hi Jason,
131 and 485 are sent in the same package to the same address?
Thanks
They can be – if it is based on asylum status and you are applying for an RTD, they are sent together to the address listed for the I-485. Take care, Jason
Hi Jason,
Should we write name, date of birth and A number on the back of photos for 485 and 131?
Thanks
Yes, though I think you do not need the birth date. Also, I think they prefer that you write all this in pencil, which I never do because pencils cannot write easily on the backs of photos. So I use a black pen and that has never been an issue. Take care, Jason
Hi Jason
Would you happen to know where is the processing center for marriage based green cards for Chicago ? Thanks
I do not know, but if you check the I-485 web page at http://www.uscis.gov and look at mailing addresses, you should find it. Take care, Jason
Hi Jason, is it against the law if you do unpaid internships without a work permit while in a pending asylum case?
I think that is fine. Even if you did paid work, it would generally have no effect on an asylum case (though it could affect certain other types of applications). Take care, Jason