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
Not sure if this has been asked before but being a pending asylee, if my employer is willing to sponsor me, how does that work ?
Have you written about that before?
Thanks
There are many variables, and it may work, depending on the situation. I wrote about it on August 28, 2018 and September 6, 2018, but if you think this is a realistic possibility, you should have a lawyer review your situation and map out for you exactly how you will get from where you are today to having a GC (or an H1b or whatever type of visa you are looking for). Will you have to leave the US? If so, how will that work? What are the risks? Once you have all that, you can make an informed decision about whether this is a good path for you. Take care, Jason
Hi Jason,
I came here in US with an approved I-730 from overseas. I got an I-94 in the immigration where it’s shown AS for my class of admission. Now I want to apply for RTD. There is a box for class of admission. and when I checked it from USCIS website, it seems AS class is for asylum applicant who is waiting for decision but got EAD. And I guess I should be AS3 as I’m a child of a granted asylee. Should I contact CBP with this matter? is AS wrong for my class of admission? What should I use in the RTD form AS or AS3?
Thank you for this amazing platform
I would just be sure you have an I-94 that indicates asylum is granted. If so, you can just list your category on the I-131 as “asylee” or “dependent asylum” (those are the same for purposes of the I-131). I do not think you need to get a new EAD in this situation, as that will be a long and annoying process and won’t really change anything. It might be a different story if you do not have the I-94, but you should have received that upon entry. Also, note that you no longer have to wait a full year before applying for the green card. I wrote about that on February 8, 2023. Take care, Jason
Hi Jason, yes I have an I-94 that indicates asylum is granted. I will not apply for another EAD. I just want to apply for RTD. What should I put as class of admission? Since I came with an approved I-730 so it seems I should out AS3 (Approved child of an asylee) or AS8 (Child of an Alien classified as AS6) But in my I-94 it shows class of admission AS. So, I’m confused here. Can you please help me choosing the right class of admission?
Note: My father already adjusted his status and his category in the GC is AS6.
I do not think it much matters, as long as you include evidence of your status. I think for that question, we just put “dependent asylee” or just “asylee.” We do not put a specific category, such as AS3 or AS6. Take care, Jason
Hi Jason,
I would like to thank you first for this amazing platform. I have some questions regarding filling up RTD form i-131. I was admitted to the United States last year with an approved I-730 and I came with a boarding foil from overseas. Can you please help me with answering the questions I have in my mind?
1. I want to travel to my home country. Is it okay to travel to my home country as I’m a derivative asylee?
2. What should I answer for the following question? I got the visa with my home country’s passport. But since I got the passport before collecting the visa so I’m confused here.
2.a. Since you were accorded refugee/asylee status, have you ever: Applied for and/or obtained a national
passport, passport renewal, or entry permit of that country?
2.b: Since you were accorded refugee/asylee status, have you, by any legal procedure or voluntary act:
Reacquired the nationality of the country named above (home country)? [I am still a citizen of my home
country so there’s no question about the reacquire of the nationality.]
1 – Generally, it is ok, but if the principal’s asylum case said that the whole family (or just you) faces danger in the country, you should be able to explain why you went back and how you stayed safe. 2.a. They are asking whether you got a new passport after you received asylum status (which you received when you arrived in the US). 2.b. I am not sure what you are asking here. Typically, if you cannot answer yes or no, you can make your best guess, circle the question, write “See cover letter,” and provide an explanation in the cover letter or supplemental part of the form at the end. Take care, Jason
Hi Jason,
I came to the US in 2010 (when I was 10 years old) along with my parents on B1/B2 visa.
In 2012, my father filed for Asylum, which went to immigration court. He was the main applicant, and I was a rider on the application.
The final hearing took place in January 2024 and the Immigration Judge and prosecution attorney granted PD on the basis that we have been here for almost 14 years and DHS deemed we were not enforcement priority.
Therefore the judge ordered a motion to dismiss the case due to us not being a national security and I was granted PD as well.
In these 14 years, I’ve studied and graduated in the US and currently work. My employer is open to sponsoring me for H1B.
Is it possible for me to opt to file for H1b and go through the consular process in my home country? Or would there be issues with that even though I was a dependent at the time and 10 years old?
That may be a possibility, but one issue is your “unlawful presence” here. While the asylum case was pending, you did not accrue UP. However, once the case was dismissed (and now that you are an adult), you are accruing UP. If you have 180 days of UP, and you leave, you cannot return to the US for 3 years. If you have 1 year+ of UP, and you leave, you cannot return for 10 years. You can try to get permission to return early, but that is difficult. If you file your own asylum case at the asylum office, it will stop the clock for purposes of UP and will solve that problem, at least for a bit – the issue is that the case will be automatically referred back from the asylum office to court (see the Special Instructions on the I-589 web page at http://www.uscis.gov), and so it will only stop the clock for a short time, plus you will be back in court, which will create additional difficulties (though you could ask for PD again or leave based on Voluntary Departure). If the employer is willing to sponsor you and you think you are eligible for an H1b, I would talk to a lawyer as soon as possible, in order to file the H1b by April 1 (which is effectively a deadline for most employers) and also to avoid the UP problem. I think this will all be tricky and may require you to spend some time outside the US, with a risk of not getting the H1b and thus being unable to return. I would talk all this through with a lawyer so you understand the risks and can make the best decision. Take care, Jason
Thank you for the reply Jason.
Just a few questions for clarification. So, my UP would have started accruing from the day the case was dismissed (January 25)?
Assuming I’ve been selected for H1b and my employer has filed everything in April.
If I secure a visa interview at a consulate in my home country…and leave the US around July (before the 180 days), then there would be no bar, correct?
Would there be any UP accrued between 2010-2012 when I was under 18? The asylum was filed in 2012 but I believe the visit visa has expired in 2011.
I think all that is correct, but I would definitely put together the timeline of when you got here, when you filed, and when the case was dismissed, and have a lawyer review that. If you have 180+ days of UP, you need to know that before leaving the US, as it will likely be impossible to get the waiver and the H-1b and then return here. Take care, Jason
Jason, I filed an I-131 form with a request to expedite and the supporting documents related to the expedite request. When I check the case status, the last update it show “Case was updated to shown Fingerprints were taken”. I received no update on the expedite request. How do I know if the expedite request was approved or denied? I tried calling but I could not talk to an agent over the phone. Do they send a letter to say if the expedite request is approved or denied?
It is very difficult to expedite and the process is unpredictable. I think the only option is to call (800-375-5283) and keep trying until you reach a person, which is very difficult. I wrote a bit more about expediting on January 29, 2020 and maybe that will give you some idea, but I think the bottom line is that you will have to try to reach someone at USCIS. I guess you can also see whether your Congress person can help – follow the link under Resources called House of Representatives to find contact info. Take care, Jason
I received a FOIA response but the important documents like the statement to grant asylum and the I-485 Adjudication sheet are redacted. How can I request that those document to be provided without being redacted.
I think there is an appeals process, maybe on the FOIA website (there is a link under Resources called FOIA USCIS). If that fails, you would file a lawsuit. Whether you can actually get these documents, I do not know, and you may want to talk to a lawyer before you go down this path. Take care, Jason
Hi Jason, I have GC and I need to travel. I am still waiting for the travel document and it will take at least another year to arrive. I asked about renewing my home country passport and the answer was positive. The answer I got was that there are no provisions in the INA that prohibit a person from renewing their passport. However, the immigration service might require an explanation for any interaction with the home country especially if the asylum is related to the gov. I read your article on the matter and it is very similar to the advice I received from an attorney. Recently, some immigrants Facebook groups are sharing this text:
“In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of
persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient. ”
This text is taken from a manual or guidance on the USCIS website. https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm53-external.pdf
I am now worried because of this. Is this an outdate manual or are these new or updated guidance. What is your interpretation of the language above. Everyone is freaking out because of this document.
I do not know about this document, but I think the only issue for a GC-holder is whether renewing the passport causes USCIS to think your asylum case was fake. I have had many clients renew the passport, as they have no choice if they want to travel. No one has ever had a problem yet. I would be prepared to explain why you renewed, and why the government was willing to give you a passport, just in case you are asked. On the other hand, if this is going to cause you a lot of worry, maybe it is better to wait for the RTD or until you are a US citizen, but I have not heard about any changes and I am still advising my clients the same way as I have been advising them before, and as I wrote in that article (May 25, 2022). Take care, Jason
Hi Jason,
I came to the USA with an approved I-730 visa and I got an I-94 in the immigration with stamped that I’m eligible for work.
Now I enrolled to a college and applied for FAFSA. my fafsa application was approved but after approval when they send my I-94 to DHS for verification, it got rejected. I talked to DHS over phone and they told me to check with CBP. Then I went to CBP office in airport and they told me my I-94 is correct, everything is okay on their side. Then I again called DHS and they suggested to talk to USCIS. I called USCIS after that and it seems impossible to talk to any agent for this use case.
Now I’m not sure what’s wrong or what should I do next? I don’t even know what is the problem. Can you please guide me toward right direction so that I can get some help and I can get FAFSA?
Thank you
I do not know what the problem would be, but if you do not have a work permit, maybe you want to apply for that (form I-765, available at http://www.uscis.gov). That may be better proof of your status (even though they should accept the existing documents). Also, note that you do not have to wait a full year to apply for a Green Card – I wrote about that on February 8, 2023. If you can get the GC, it will make life a lot easier. Finally, I would talk to the school again to see whether they can assist, as your documents all seem to be in order. Take care, Jason
Dear Mr.JASON DZUBOW
As my asylum journey in USA arrived the last stop id like to thank you for all information and help and after 9 years of waiting I tried everything without any success, I’m sorry to say that unfortunately I’m tired and no one listen to us.
good luck and goodbye
I am sorry to hear this and I wish you well. The system is a real disaster and unfortunately, our country is not living up to the humanitarian ideals we have committed to uphold. Take care, Jason
Hi Jason, I need to travel to a country that does not accept the travel document and it is a not a signatory of the refugee convention. I am a permanent resident from asylum. to be able to travel, I have to use my home country passport. Some immigrants groups are sharing guidelines or regulations that says if you use your country passport, you have protection from the country of origin and the US could investigate you and could make you pay fines, lose statues, and spend years in prison. Are there new laws or is this the new bill. Can I ask the immigration services for an advance parole or to approve my travel with my home country passport.
The rumors people are hearing are basically false – there is no change in the law. If you have a passport and GC, you can travel using your passport and re-enter the US using the GC. There are potential risks in using the passport, and so you should be prepared to explain why you used the passport (as you explained above). I have had many clients do this (because – like you – they had no choice), and no one has had any problems yet. I wrote more about this on May 25, 2022, including about the potential risks of traveling with your passport and how to minimize the chances for any problems. Take care, Jason
I have a green card through asylum. I have a family member who is sick and I need to travel. I filed for the travel document but it takes 17.5 months to be issued. I need to use my home country passport. My home country gov does not track people overseas and issues passports to everyone in the diaspora. Also my case is related to armed groups. I asked around and read your article and I feel I should be able to travel with no issues. A few days ago, people were sharing a document on Facebook groups and it says if the asylee used or renewed their passport, they are presumed to have accepted protection from their home country and they can consequences. It is very frustrating to have to wait 17.5 months. Can I travel with my home country passport?
I think the article on Facebook is not correct. We have clients who travel with the passport all the time and they do not have issues. You should be prepared to explain why you used the passport, in case you are asked, but I doubt you will be asked. I wrote more about this on March 25, 2022, but maybe that is the article you already saw. Take care, Jason
Can i use a virtual mailbox or UPS mailbox in another state my decision is pending in Chicago asylum since May 2022? because i am a truck driver and i don’t have a good mailing address.
You can use a PO box as the mailing address, and get “informed delivery” from USPS. That way, the post office will send you an email with a photo of your mail, so you will see if USCIS sent you anything. Take care, Jason
Jason,
So did the bill fully pass?!
The Senate bill was dead on arrival. Take care, Jason
Hi Jason,
So my AP was approved today which I had applied for last July before the approval of my asylum application. Now, I am an asylee and have applied for RTD which is still pending. Do you know what can or should I do with this approved AP as it seems useless now? Thank you.
My understanding is that the AP is no longer valid, since you no longer have an asylum case. Whether you could actually use the AP to re-enter the US and what effect, if any, that would have on our current status, I do not know. I think it would be a bad idea to use it, and it is best to wait for the RTD. Take care, Jason
Hello Jason, I came across this Adjudicator’s Field Manual on USCIS website. Here is the link if you would like to review the who Manual. https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm53-external.pdf
The manual has some confusing language and does not sound consistent with the general advise given by attorneys. I am going to copy and past from the Manual:
Start of citation:
(b) Adjudication Issues.
(2) Alien Has A Travel Document From His/Her Country.
Similarly, if the applicant is in possession of a valid travel document from the country of nationality, the
Form I-131 may also be deniable. There is no absolute prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may preclude the alien from establishing eligibility for permanent residence under section 209 of the Act.
In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of
persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient.
(3) Alien Intends to Visit Home Country.
There is no prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may raise doubts about whether the alien has re-availed (or intends to re-avail) him or herself of the protection of the country of persecution. It may also preclude the alien from establishing eligibility for permanent residence under section 209. Each case must be judged on its own merits. For example, visiting an old or sick parent should be considered a more worthy reason for visiting one’s home country than regular visits on holidays or business trips. The applicant should therefore be referred to the local USCIS office for interview and the possible taking of a sworn statement.
End of citation.
So attorneys say that an asylee could be asked about using or renewing a passport from the home country and if there is a Legitimate explanation, nothing would happen. USCIS might have a concern about why a government that seeks to persecute the asylee issued them a passport. That sounds like a reasonable concern. Each case is unique and can be explained. Some people are fear armed groups aligned with their governments or act with impunity and there for issuing a passport is not the issue. Can you look into this. Could this be an outdated manual? Could this policy be used to take away asylum from people. Is this policy based on law. What do you think?/
I cannot look into this, sorry. If you have a specific question about your situation, you can let me know and I will try to answer. Take care, Jason
Hi Mr Jason
I know each case is different but Im wondering to understand better why some appliances applied aftere me but they received their interview for citizenship before me , and how can I push my file to be scheduled rapidly I’m under 5 years rule
Best
I do not know why some cases are faster than others. I think some of it is random luck. I think it will not be easy to expedite that, but I did a post on January 29, 2020 about expediting in general, and maybe that would help. You can also try your Congressperson to see whether they can assist. Take care, Jason
Hello Jason and thank you so much for what you do.My question is,how long does it take for a green card based on a granted asylum take to be processed.My sister filed form 1-485 based on granted asylum in February 2023,received a receipt of notice in February but she hasn’t received any other report regarding her application.They already used her fingerprints that were on the file.
It varies, but 1.5 or 2 years is common. You can check the processing time at http://www.uscis.gov. Take care, Jason
Hello Jason, my asylum case has been pending since 2017. I applied to expedite last year and got this email from the asylum office today “The Director has reviewed your request and is requesting the following: Medical documentation in support of your request. On receipt of the documentation, it will be given to the asylum office Director for continued review and consideration.” how should I submit the evidence? and is this a good sign that my case might get expedited and I get an interview soon?
Thank you.
It is a good sign, though they have not yet agreed to expedite. I would get the medical evidence (such as a letter from a doctor explaining the health issue and how your health will be improved if the asylum case is expedited – I wrote more about this on March 23, 2022). I would email it to them, and make sure to include your name, Alien number, birth date, and country of origin. I assume you have this, but if you need their email address, you can follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
I have a pending asylum case since 2016 and I don’t see an interview coming any time soon. That makes me nervous. I recently heard about a Welcome Corps program to bring refugees from abroad by being sponsored by 5 people. Can I apply for this program while I am still in USA and pending asylum case?
Thank you
I do not know whether that program is working or whether it is available to people who are already here. Maybe you can check the US government websites about that, as that is the only really reliable source of info, or talk to a lawyer. You can also try to expedite your asylum case – I wrote about that on March 23, 2022. Take care, Jason
Hi Jason,
I have a F1 visa and beside that I’m an asylee.I live in California.I just wanted to check and see if it is ok to book a ticket and travel to some state for vacation.
By “asylee”, do you mean asylum granted? If so, you should get a refugee travel document (form I-131, available at http://www.uscis.gov). I do not think you will be able to re-enter with the F-1. If you have a pending asylum case, you need Advance Parole (I wrote about that on September 11, 2017). If you try to re-enter on the F-1, you may not be permitted to re-enter due to the pending asylum case. This is because to enter on an F-1 visa, you have to promise to leave at the end of your studies, but the asylum application indicates that you plan to stay permanently. So there a conflict between F-1 and asylum, and you may not be permitted to re-enter. Take care, Jason
I have a pending asylum case since 2017. No interviewed yet. Is it possible to file a H1B if a company wants to on my behalf? And do I have to withdraw my asylum case If want to file H1B?
You can file the H1b and you do not have to withdraw your asylum application. However, depending on the circumstances, you will probably need to leave the US to get the H1b. If you entered without a visa or if the period of stay has ended (and in other words, your only status here is asylum pending), then you most likely have to leave. There may be an exception to this rule, but I do not know about that (there is sometimes an exception for people who apply for an employment based green card, but I do not think that will apply for an H1b). I wrote about leaving and consular processing in similar circumstances on September 6, 2018, but you would want to consult with a lawyer to see how this will work. Take care, Jason
Jason,
Do you accept new asylum cases? Could mental/psychological condition or disorder be a legit reason for not being able to apply before one year from getting in the USA legally?
We do accept new cases. That can be an exception to the one-year bar. Certainly, you would want some evidence about that, like a letter from a therapist. Take care, Jason
Jason,
What’s positive and negative about the new immigration bill that Democrats are trying to pass?
@adam stop using my F***N NAME
use different name dude!!!!!
I plan to post about it (hopefully) tomorrow, so maybe check back. Take care, Jason
hello Jason,
i got my green card recently and it was backdated 1 year ago so I’m curious is the 6 months rule of continuous residency to be able to apply for the neutralization is calculated year by year or by duration? example my GC was issued in 01/2023 and in 2023 i spent 4 months abroad with my RTD from January 2023 to May 2023 and now i wanna travel again and spend 2 months in Europe so now i might break my continues residence rule of the uscis look at by the year if i stay abroad for 2 months? or it goes like 2023 travels are done and now it’s new page for 2024? I’m so confused.
thanks in advance.
The continual presence rule relates to each separate trip – if any one trip is 6 months or longer, it could break your continual residence and you will have to start over before you get to 5 years for purposes of naturalization (just to be safe, I recommend that no one trip it 5 months or longer). Two trips that add up to 6 months is no problem, though when you apply for citizenship, the 5 years before you apply must include at least 50% of your time inside the US. You can check the requirements for naturalization at the N-400 web page at http://www.uscis.gov. Take care, Jason
Hi Jason,
Hope you are in good health.
Me and my daughter granted asylum and reached US. At US airport they stamped our passports with work authorization. We didn’t file I-765 by ourselves yet we received our EAD cards by mail in 2022. The expiration date on EAD cards are May 2024.
1- The question is, as we are, Me and my daughter are asylee by status. Do we need to apply for renewal of our EAD cards? If yes,
2- The notice of action I-797C we received have Notice Receipt type fee waived, Class requested A05 for me and Class requested A03 for my daughter. Do we need to file I-765 and pay fee for filing EAD renewal?
Regards
1 – As ab asylee, you can work 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). However, it makes life easier to have the EAD, and so it may be worth filing to renew the card (though for example, if your daughter is young and does not need to work or drive, she probably does not need a new EAD). 2 – If you are renewing the EAD, you need to file form I-765 and pay the fee, or use a fee waiver (form I-912, available at http://www.uscis.gov). You can also apply for your green cards, assuming you are eligible (enough time in the US and no criminal or immigration issues), and that may be a good idea, so you can move towards citizenship and be done with USCIS. Take care, Jason
Hello Jason,
I know you wrote about filing electronically Vs via mail. What do you think would be better? Which way do you choose or suggest for your clients? If electronically, is there a lower chance to have a successful submission and getting a receipt? Once you get a receipt, do you still have around 5 months to apply for work authorization? Cheers man!
I have stopped filing electronically as I became too fed up. However, I know have a client and we are in the process of filing that case electronically, despite my objection (they wanted it and I charged like 5% extra). Whether it will work or not, we shall see. If it does work, it is better, as you get the receipt immediately. In terms of the work permit, that does not make much difference, though I guess if the online filing works, that will save you a couple days. Take care, Jason
Jason,
How long does it take to get a receipt back from USCIS with both ways, mail and electronic submission? And how long does it take to hear back from USCIS regarding an interview (for fully submitted application) for those who submitted this January 2024?
People who file online applications get the receipt very quickly – usually within a few minutes (if the online filing is accepted, which does not always happen). Mailing receipts take anywhere from a week or two to a few months. For interviews, it depends on the application type – an asylum interview can take anywhere from a few months to many years. Take care, Jason
Hi Jason
I’m married to a us citizen and already have my two years green card, my question is ?if getting any benefits like ( snap or health insurance through medicaid ) would have any impact in the future when removing green card conditions or even applying for citizenship? Thanks again
I do not think the public charge rule applies to removing the conditional residency. You can look at the questions on form I-751 (available at http://www.uscis.gov) to see whether there are any about receiving benefits. I think there are not, and there are none on the citizenship form. Take care, Jason
Jason,
I saw this title today “Immigration bill breakthrough and Biden’s Iran counterattack: Morning Rundown”
Do you have any idea what Bill they’re talking about about here? And how difficult they tend to make seeking asylum in the US?
This is a bill that is in the Senate and has not yet been released publicly. Supposedly, that will happen later this weekend. The House Republicans have vowed to kill the bill. I suspect the bill will mostly relate to asylum at the US-Mexico border, but we do not know yet. Take care, Jason
Hi Jason,
I have a question, I am waiting for a decision after the interview.
I recently got un-employed and planning to apply for SNAP program and also unemployment benefit as its being deducted from my salary.
My question is if i recieve snap benefit will it be considered bad or fall in public charge.
Thanks
Tina
The public charge rule does not apply to people seeking asylum, to people who have asylum or to people who apply for a green card based on asylum, and so there would be no effect. If you applied for some other type of benefit, such as a green card based on marriage or a job, it could potentially have an effect. Take care, Jason
Thank you Jason,
Right now I am pending asylum waiting for decission.
If I get an opportunity in the future to apply for green card through job or any other category will the benefits recieved during pending asylum case category effect that process of green card.
Thanks
Tina
Potentially, but it is hard to know, as the public charge rule does not seem to be really enforced at the moment. If Trump or a Republican returns, that may change. Take care, Jason
Thank You Jason for a very clear explanation of this.
The law seems to be very vague as I understand , I have been paying for unemployment , social security from my each pay check. I was wondering why I would ever be put in public charge for which I have been paying and deductions were being made from my each paycheck for the lat 7 years.
I feel like it would be inappropriate and unjustified if being put in public charge
Thanks
Tina
I do not recall all the public charge rules, but the form I-485 lists what info USCIS needs when making that determination. I do not think that receiving unemployment or collecting social security when you retire would affect the public charge calculation, but check the form I-485 to see what is there. Take care, Jason
Hi Jason ,
I looked up the I-485 form and found these two categories of Supplemntal security income , TANF. I did found that SNAP program comes under SSI but I do not know if unemployment benefit is part of SSI or TANF.
Also there is low cost internet program called APC which is provided by internet service providers as well as energy providers have program for unemployed or low income people for a reduced energy bill till the time the income is increased or you get an employment.
Your help will be great for me to move forward.
Thank You
Tina
I do not think unemployment has an effect on the public charge rule, and I have never heard that receiving low-cost services has any effect either. As things stand now, I doubt you will have a problem. However, if Trump returns and tightens the rules, we will have to see how things look at that time. Take care, Jason
Jason, divorced with main applicant spouse. Individual hearing after one year. I applied my separate application before divorce. Current attorney withdrew case with motion to severance. At this time no attorney wants to represent me in court. I called many lawyers and they said my case is week so they don’t want to take my case. They say they need evidence and I can not get any evidence in support of my case because it has been more than 10 years on asylum process and no one can help me get supporting documents from prosecution country as it is long time. Even my ex was interviewed for asylum (on whose application I was a rider at that time) after 7 years.
What happens in immigration court if I don’t find any attorney? How can I protect myself from deportation or any other consequences. I want my case to be in good standing with immigration court. Thank you.
I did a post on June 14, 2023 about winning old cases that might be of interest. Maybe you want to consider prosecutorial discretion and see if you can get the case dismissed. I wrote about that on June 8, 2022. If you could do that, you could potentially re-file for asylum at the asylum office, which may be a better venue, and would get you more time. Also, if you have US citizen or green card children or parents, you might be eligible for Cancellation of Removal in the future. That is if you re-file for asylum, lose, and go back to court. By then, you will have more than 10 years inside the US, which is a requirement. You would have to show that your US citizen or GC relatives would suffer extreme hardship if you are deported, and show you are a person of good character. If that worked, you would eventually get a GC. I would try to talk to a lawyer about all the options, as maybe dismissal and re-filing is a reasonable option. I suppose you could also reach out to DHS (the prosecutor) yourself to ask whether they might be willing to dismiss the case. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, Jason
I already submitted my separate application when I was on my ex application as a dependent. Also When I was on my ex spouse’s application he applied for PD which was denied. Can I apply again with a new attorney and what happens when my case is dismissed? Do I lose my work permit? And if I re marry to a US Citizen can I get my PR processed with new spouse after case dismissed from court?
You can apply again for PD. Whether that is worthwhile, I do not know, as it depends on your situation and why they denied PD the first time. If your case is dismissed, you would not be able to renew the work permit, and the law is a little unclear as to whether you can continue to work legally. However, it seems that even if the case is dismissed, you will be able to use your current EAD until it expires. If the case is dismissed, and you marry a US citizen, that could be a way to get a GC, assuming you are eligible to get the GC in the US (generally, that you entered lawfully with a visa and that you have no criminal issues, but you would need to talk to a lawyer about the specific situation to know for certain). Take care, Jason
Jason, thanks for your reply. Can I make an appointment to personally meet DHS regarding my case? Can they dismiss the case without help from an attorney?
I highly doubt they would see you, but you can call them and try to talk to them. You can also call and see if you can get their email address for PD. Then you can ask whether they would be willing to give you PD. In many cases, they won’t look at the case until shortly before the final hearing, and that is problematic, as you could get into trouble if you are not prepared for the hearing and DHS refuses to offer PD. Take care, Jason
Hello Jason, for an asylee, does flying over the airspace of the home country matters? For example, an asylee originally from Mexico and traveling to Colombia. The flight they are on leaves from Taxes and flies over the Mexican air space. Does that count as entering the home country? I never heard any legal opinion about that but could there be one.
Unless they land there, they have not returned to that country for purposes of asylum. Take care, Jason
Hello Jason,
I have pending affirmative asylum interview from about 6 years now. Pushed many times, followed up with almost all ways you advised in this blog. My attorney even filed writ of mandamus last year but nothing productive yet. Same as before sadly.
1. My passport is expiring in September 2024. I am not sure if I should apply for it’s renewal or not? Please enlighten me with your knowledge
2. Also, can I apply/travel to any other country besides my home country like Canada or UAE for visit? How it will effect me and what are the chances?
Please be advised.
Thank you & have a pleasant weekend!!
Bless you
@SEEKER
most likely your attorney didn’t sue the government and you misunderstood the whole situation cause if your attorney sued them, you would have heard from the USCIS in 60 days starting from the day the summons is issued by the court so no way you sued them, and it’s been a whole year and didn’t hear from them!! something doesn’t make sense here!
This is a good point, and I would clarify this with the lawyer. However, different asylum offices have different policies about mandamus – for the LA office, for example, there is a 1+ year wait list for mandamus interviews (at least that is what I have heard), and so maybe it depends on the office. That said, it is worthwhile to clarify this with the lawyer. Take care, Jason
1 – If you renew, you may need to explain why you renewed and why your government was willing to give you a new passport. If you do not fear the government, but fear non-state actors, it should probably be fine to renew, but if you fear the government, it might damage your asylum case if you renew. I would ask your lawyer about this. 2 – You need Advance Parole to re-enter the US if you leave – I wrote about that on September 11, 2017. If you are talking about getting a travel document from a third country, you should talk to your lawyer. That may cause the US government to think you have status in the third country and if they think that, they will likely deny asylum. If you are talking about getting a temporary visa to visit that country, there should be no issue, but again, it is a good idea to talk to your lawyer about this. Take care, Jason
I am a pending asylee and applied for a marriage-based green card. I have a travel document that will expire in Oct 2024. I’m hoping that my green card would have been approved before then. Will it be safe to travel to my home country later this year for my son’s wedding?
Thank you.
I would be careful. If the return trip causes the US government to think that your case is fake, they can try to take away your status. I wrote more about this on January 6, 2016 (this post is for asylees, but the same idea applies to you), but you should be prepared to explain why you returned and how you stayed safe. Take care, Jason
Thank you for your response 😊
Hi Jason,
I came to the US in 2010 (when I was 10 years old) along with my parents on B1/B2 visa.
In 2012, my father filed for Asylum, which went to immigration court. He was the main applicant, and I was a rider on the application.
The final hearing took place in January 2024 and the Immigration Judge and prosecution attorney granted PD on the basis that we have been here for almost 14 years and DHS deemed we were not enforcement priority.
Therefore the judge ordered a motion to dismiss the case due to us not being a national security and I was granted PD as well.
In these 14 years, I’ve studied and graduated in the US and currently work. My employer is open to sponsoring me for H1B.
Is it possible for me to opt to file for H1b and go through the consular process in my home country? Or would there be issues with that even though I was a dependent at the time and 10 years old?
That may be a possibility, but one issue is your “unlawful presence” here. While the asylum case was pending, you did not accrue UP. However, once the case was dismissed (and now that you are an adult), you are accruing UP. If you have 180 days of UP, and you leave, you cannot return to the US for 3 years. If you have 1 year+ of UP, and you leave, you cannot return for 10 years. You can try to get permission to return early, but that is difficult. If you file your own asylum case at the asylum office, it will stop the clock for purposes of UP and will solve that problem, at least for a bit – the issue is that the case will be automatically referred back from the asylum office to court (see the Special Instructions on the I-589 web page at http://www.uscis.gov), and so it will only stop the clock for a short time, plus you will be back in court, which will create additional difficulties (though you could ask for PD again or leave based on Voluntary Departure). If the employer is willing to sponsor you and you think you are eligible for an H1b, I would talk to a lawyer as soon as possible, in order to file the H1b by April 1 (which is effectively a deadline for most employers) and also to avoid the UP problem. I think this will all be tricky and may require you to spend some time outside the US, with a risk of not getting the H1b and thus being unable to return. I would talk all this through with a lawyer so you understand the risks and can make the best decision. Take care, Jason
When I have arrived to the US for the first time in May, 2023 my friend helped me to apply for the asylum however, after the time passed I have realized that my I-589 and asylum declaration contains a lot of errors.
Now, I want to submit amended correct application (I-589, asylum declaration and other supporting documents). How do I do it?
I only want to fix my messed up application. Thank you.
I would not submit the corrections until the time of the interview or court case, when you submit all the other evidence. You can either create a piece of paper with all the corrections, or you can create a brand new I-589 form with all the corrections. If the case is at the asylum office, the piece of paper may be better, as they will have to use the original I-589 that you already submitted and make corrections to that by hand. I wrote more about all this on July 6, 2022 and that article might help. It is important that you can explain why these mistakes occurred. Maybe you did not speak English well or did not carefully review the form, but they can ask you about how the mistakes happened, and so you should be prepared to explain. Take care, Jason
Hi Jason,
happy new year to you. I have a brother who came in the USA in February 2023 from Brazil. He was accompanied by his fiancée and their 2 daughters. However, they applied for EAD and TPS 2 months later, and they recently received a notice of ” Intent to deny.” USCIS wanted them to show evidence that they were in the country on November 26, 2022, or argument to support their case. What advice can you give them? Your input will be very appreciated.
Marsen
I assume they are not originally from Brazil, as there is no TPS for that country. If they were not in the US by the required date (or do not meet other requirements for TPS), they are not eligible for TPS and there is nothing to be done about that. If they fear return, they can apply for asylum. If they want to apply as a family group, the two adults would need to be legally married. Otherwise, they can each file their own asylum case. Finally, they can talk to a lawyer to review their situation and see whether there are other options. Take care, Jason
Hello Jason,
I came to US in March 2023 under B1/B2 Visa and filed for asylum that very month and I’m still waiting for the interview appointment. When I filed the I589 form, I included my spouse and children (all minors) who were still back in my home country. In December 2023, my spouse and children applied for Visitors’ visa and were granted. They will be travelling in a few days. I would like to know if we decide that they will not be going back as per visa, can my spouse apply for a Work Authorization (I765) since i included him on my initial I589 application or he has to start his own I589 application.
Thank you.
If they are in the US, they can either file their own case (with your spouse as the lead) or try to join your case. I wrote about adding dependents to a case on March 29, 2023. Adding dependents to a case does not always work, and it often takes months (sometimes, many months). Once they are added as dependents, only then can they file for work permits. In my opinion, it is often better to file their own asylum case, as the processing of adding dependents is not reliable, but you can try either way (or both, though if you do both, read the Special Instructions on the I-589 web page at http://www.uscis.gov to see whether you need to file your spouse’s asylum case at the Asylum Vetting Center). One last point – when a person comes to the US on a visa and files asylum very quickly, it looks like the person had planned to seek asylum at the time they came here, and this would violate their visa status (depending on the type of visa). You should be prepared to explain this at the asylum interview. Take care, Jason
Hi Jason, what is the best way to mail applications to a USCIS Lockbox? Should I use USPS priority mail or USPS certified Mail?
I use USPS priority mail, which gives me a receipt and a tracking number. I think certified mail does that as well. Take care, Jason
Hi Jason,
Happy New Years!
I have a legal permanent resident status through asylum. My mother recently got B1/B2 visa and is going to travel to US soon. I am also travelling to my home country for only 5 days to assist my mother with her trip on the way back as she is old and would need assistance.
My concern is given that I have obtained residency through asylum, could there be an issue on the way back with US immigration for a trip this short?
Last year I had to travel to my home country following my father’s death and on the way I was only asked basic questions like why did I go back? How long did I stay? etc. Nothing serious though regarding asylum.
I would appreciate your response in this regard. Thank you!
Happy New Year! You should be prepared to answer those types of questions when you return and also when you file for US citizenship. I doubt that will cause you a problem, unless the return trip causes the US government to believe that your asylum case was fake. I wrote more about this on January 6, 2016 and maybe that will help. Take care, Jason
Hello,
Do you know which documents as an asylum seeker I need to show for domestic flights? Before I could fly with my DL, but, as I know, now I need to show 2 documents.
Thank you very much!
I am not sure and it is a good idea to contact the airline to be sure, but I would imagine: the driver’s license, EAD, passport, and asylum receipt. If you have all that, it should be enough. Take care, Jason
Hi Jason!
Do you know by any chance how is LA office doing with conducting affirmative asylum cases? I remember from one of your articles that it used to be one of the slowest offices but then a lot of officers were allocated there and it was the fastest office. Do you know how’s the recent situation?
Thank you!
I have not seen any data recently. I did hear that they have a long waiting list for mandamus cases (maybe one year), which is slower than other offices that I know about, so maybe that is a sign that they are slow again. Of course, nothing seems to be moving except mandamus cases and some Afghan cases, and I doubt LA is any better. I think the options are to try to expedite (I wrote about that on March 23, 2022) and if that does not work, try a mandamus lawsuit. Take care, Jason
Hi Jason,
Kindly advise after reviewing the following :
1. We had an ACS ( administration for children services ), case filed against myself and my wife in 2016, for child neglect / abuse. NO ARRESTS or anything of that sort took place. We had to take child management classes / sessions / meetings at that time for a few weeks. Certificates of successful completion of the classes were then issued by the concerned agency. After a long battle with the FAMILY COURT (not a criminal court ), the child was released back to us after the attorney’s help was sought.
2. Asylum approved in 2018.
3. Green Cards approved in 2021.
4. We all have our green cards.
Question :
Would this have any impact on the citizenship whenever time comes to file it ?
Thanks.
I think it would not, as I would imagine – if anything – it would relate to your good moral character, but that is only an issue if the problem occurred in the last 5 years prior to applying for citizenship. Of course, I do not know the specifics of the situation and am not certain, and so I would recommend you have a lawyer look at this more closely if you are concerned. Take care, Jason
Thank you for your reply Jason.
Hello Jason, on the I-131 instruction it is stated that “To request expedited processing of an application for a Reentry Permit, a Refugee Travel Document, or an Advance Parole Document for an individual outside the United States, type or print the word EXPEDITE in the top right corner of the application in black ink. USCIS recommends that you provide e-mail addresses and a fax number with any expedite request for a Reentry Permit, Refugee Travel Document, or Advance Parole Document.”
Why they use “individual outside the United States”? Are not people who are applying from the United States also eligible to request expedited processing if they meet the criteria? It is confusing because I heard some people who requested expedited processing while filing their application from inside the US and still the expedited processing request was approved.
Anyone can ask for expedited processing. You have to make this as clear as possible. We usually write it in bold on the cover letter, and then I highlight that so they hopefully see it. For real emergency processing, though, you need to call USCIS at 800-375-5283, try to reach a person, and then try to get an appointment. I wrote more about expediting in general on January 29, 2020. Take care, Jason
Why they take so long to renew an EAD? What Is good time for applying renewal before the EAD expires?
Is it true that now they will give validity of 5 years on renewal of EAD?
USCIS is basically a mess, and so it just takes a while. Recently, EAD renewals seem to be a bit faster, and so hopefully you will not wait too long. The earliest you can apply is 180 days before the current card expires, and the new card should be valid for 5 years, so that part is good news. Take care, Jason
Hello jason
Thank you for previous answer , i have one more question deferred sentence is it going to impact my GC or Citizenship?
A deferred sentence or suspended sentence, or anything other than a dismissal with no punishment, could potentially affect your GC or citizenship. That is why it is important to have a criminal lawyer who knows the immigration law, or to have a criminal lawyer and an immigration lawyer who can help with the immigration consequences of any conviction. Take care, Jason
If i took a classes for Domestic violence and the case wad dismissed by court , still going to effect my GC? and citizenship ? Is that kind of punishment! I mean classes
Taking classes may be considered an admission of guilt and it might have an effect – I am really not sure. However, domestic violence arrests are treated very seriously by USCIS and so I would talk to a lawyer to look into this before you agree to any type of punishment/classes. Take care, Jason
Hello jason
Even if the case was dismissed by court !!! Its going to effect the GC ! Sorry for asking again
If it is dismissed with no punishment at all, you should be fine. However, if there was some type of punishment, or if you have to take a class before they agree to dismiss, there is the potential that it could affect your immigration status. I am not saying that it will, but it is possible, and you should be cautious about this, as the effect can be very bad. You should make sure your lawyer is able to advise you about immigration consequences of crimes, and if not, you should have a second lawyer who knows about immigration law, to be sure that there is no problem. Take care, Jason
And they deleted the record as well
Hi Jason,
I wanted to ask you about the EB2 category.
So I came to United States as a minor around 8 years ago, my mother applied asylum and listed me on her asylum I-589 application for asylum and withholding of removal, as a minor. We haven’t got our first interview yet. We have just received our SSN and Work Authorization card.
When we came, I was a sophomore in High School but now I am well over 21 and about to graduate with Masters in Accounting. I was reading on the uscis.gov website I may be eligible to apply for the EB2 category based on an advanced degree.
What would be my route to EB2 if I am ALREADY LIVING INSIDE UNITED STATES?
I appreciate your guidance and what noble work you do on here.
Thank you. Best,
Zahid
I did posts about this on August 28, 2018 and September 6, 2018, and maybe those would help, but basically, you could potentially get a GC inside the US based on EB2 and a law called INA 245(k). There are various requirements, which I think I discuss in the August 28, 2018 article, but you will need to find a lawyer who has done INA 245(k) cases before and have the lawyer evaluate your eligibility. If you cannot get the GC inside the US, you may be able to get it outside the US, but then you have to be very careful; if you leave the US and something goes wrong, you may not be able to return, and so you should try to get Advance Parole before you go – this will allow you to return to the US if something goes wrong with the EB2-green card application. I write more about this in the September 6, 2018 article. Bottom line: If you think you want to pursue this path, talk to a lawyer and have the lawyer write down, step by step, how you will get from where you are today to having a GC, and whether you will need to leave the US, and what you will do if anything goes wrong when you leave the US to get a GC. Take care, Jason
Dear Jason,
I told you I came here with F1 and then applied for asylum. The asylum is a lengthy process which might take years and years to be granted as far as I know. I already have a P2 which can not be processed in US. I am wondering to know what if I go back and then come later with a P2. Do you think US gonna make issues to evacuate me other time from Afghanistan? Thanks
I would talk to a lawyer before trying this. Maybe there is a way to get the P2 without going to Afghanistan. Also, if you leave the US and something goes wrong, you will not be able to get back, and so it is a good idea to have Advance Parole as a back up plan – I wrote about AP on September 11, 2017. Anyway, talk to a lawyer before you try this to make sure you are eligible and that it can work in practical terms, and that you have a Plan B if you leave the US and something goes wrong. You might also try to expedite your asylum case – I wrote about that on March 23, 2022. Take care, Jason
Dear Jason,
Thank you for your response.
I only have few days left if I don’t go back I’ll loose my employment. I appreciate if you could guide me on how to apply for advance parole or how I can process my P2 from US.
Looking forward hearing from you back.
Thanks
I am not sure how to guide you – I wrote about AP on September 11, 2017 and maybe that would help, and I wrote about expediting in general with USCIS on January 29, 2020. Maybe you can try to call USCIS and ask about emergency AP. The phone number is 800-375-5283, but it is difficult to reach a person. In terms of P2, I do not do such cases and cannot advise you. Probably you would do well to find a lawyer who can assist with both things, as you may not be able to return to the US if you do not have AP or some other way to get back here. Take care, Jason
Dear Jason,
As I told I have an asylum pending approval in US since past months. I need an urgent need to go back to my home country and visit my parents due to their health and well-being. Can you please let me know if I marry a U.S. citizen and planning to come to US. Is my current asylum effecting the spouse visa or not?
Also I need to file an urgent AP, do you know a good attorney who could help to expedite it. Thanks
If you leave the US and abandon your asylum, and then you marry a US citizen and try to return based on the marriage, you may need to explain why you returned to your home country and how you stayed safe there. If the US government believes that the asylum case was fake, that would be a basis to deny the GC, even based on marriage (or based on anything else). If you can get AP, then you can return, but you will still have to explain a trip to the home country, so that the US government does not think your asylum case was fake. I wrote about that on January 6, 2016. In terms of emergency AP, I wrote articles on September 11, 2017 (about AP) and January 29, 2020 (about expediting with USCIS) that may help. I do not know a lawyer to recommend, but you might try the bigger immigration firms, as they have more capacity to handle cases on an emergency basis. Take care, Jason
Hi Jason,
First of all thank you so much for doing such an amazing work. My affirmative asylum application is currently pending, I applied for Advance Parole and it has been 17 months since I received the receipt notice and then a confirmation that my bio-metrics have been updated. I checked the USCIS website to see how much is the current processing times for I-131 at Texas Service Center and it said 17 months,
Does that mean now I should expect a decision any day or it will take more time? Though the processing time shown on the USCIS website is 17 months but when I checked the inquiry date it shows August 2025 as the inquiry date; does that mean I will get the decision by August 2025?
The “processing time” means that 80% of cases are processed within 17 months. Meaning that 20% of cases take longer than that (hence, they do not want you inquiring before August 2025). It is possible you will get a decision soon, but it may be several more months. If you have an emergency and need to expedite, you can try that as well. I wrote about expediting in general on January 29, 2020. Take care, Jason
Greetings Jason, hope you’re doing great
Wish you a very happy new year!!!
So a little bit of my back story is:
I am a single parent, I belong from Pakistan. I came to USA, legally on a tourist visa in August 2016, with both of my minor sons, I applied asylum in January 2017 with both of my minor Sons also listed on the asylum application. Now they are both over 21, both are in universities, one is about to graduate with an undergraduate. Both are unmarried.
We have received our work permits, and also the Social Security numbers and have been waiting for our first interview ever since.
My brother has a US citizen wife and two US born kids, he recently became a US citizen, and plans on sponsoring me.
Now, my question is that as under the CSPA rulings, the child safety and protection act, my sons ages were locked as minors when I applied asylum and also included them in my application as minors. Now If my brother files his I-130 for me and then I file my I-485, can I include my sons on my I-485 as derivative beneficiaries (include my sons in my I-485 and check yes the box saying “is this child applying with you?”)? Would their age be considered the “locked” ages (as minors) from the asylum case (under the CSPA rulings) since they entered the immigration ‘realm’ as minors?
(((From what i understood from the USCIS.gov website, Chapter 7 of CSPA, as long as they qualify for CSPA ‘age lock’, which they do from my asylum application, their age would be considered the same as when the principal applicant’s petition was filed, when they seek adjustment of status. However, I want your professional guidance on this)))
Or would they now be considered over 21 (current; actual)?
Q2: if they would be considered over 21, meaning they won’t be considered my derivative beneficiaries and wont get the green card with me, what would their status be after my adjustment of status through family based I-485, from asylum SEEKER to family based LPR (not an asylee), SINCE they they were listed under MY asylum application as minors?
What would their path be to green card?
Your professional guidance on this matter is really really appreciated.
Thank you. Benevolent regards,
Ali
Thank you – Happy New Year! First, a sibling petition takes 12 or 14 years before you can apply for the GC (you can Google “DOS visa bulletin” to see the wait times). You would most likely need to leave the US at that time to get your GC. Also, as I understand, your children would not be protected by the CSPA, even if your brother had already filed for you (when they were under 21), I think it would not work, as they would “age out” in this particular circumstance. But in any event, the case takes so long that it is not a realistic way to get status for you or them. If you do eventually get a GC from your sibling, and if your children cannot be included (I am not completely certain about this, but I am about 90% certain), then once you have your own GC, you can sponsor them if they are still unmarried. That process also takes years. In short, while you might want your brother to file for you, the process is so slow that it is unlikely to help you, but you never know, and it doesn’t hurt to have that in your pocket as a Plan B for the future. Take care, Jason
Dear Jason,
I am an Afghan, and I came to US with a student visa in late September due to financial issues I could not make to study last year. The school canceled my I-20 and I had only two weeks to depart from US. In October 2023 I applied for asylum to keep my status legal in the US. I have legal documents that I worked previously with the United States funded projects in Afghanistan and submitted my case with all supporting documents. It has been three months I am waiting for my interview. I am worrying a lot when I going to have my interview schedule and what if they consider my case as a visa fraud. Could you please advise.
Your situation is common and as long as you can explain about the financial difficulties (if they ask), you should not have to worry about fraud. Also, it sounds like you have good evidence for your asylum case. The problem is that such cases can take years – you can apply for a work permit 150 days after you filed, and if you do not get an interview soon, you can try to expedite – I wrote about that on March 23, 2022. In most cases, expedite requests do not work, and if that fails, you can file a mandamus lawsuit to force them to give you an interview. For now, though, I would just prepare the case and see whether they schedule an interview. Take care, Jason
Thank you for your response.
Could you please let me know how to file mandamus lawsuit?
We did a post about that on October 2, 2018, but you would probably want to talk to a lawyer about specifics, as it is not something that can be explained easily here. Take care, Jason
Hello Jason,
Thanks for your always support & Information.
Applied for Asylum 2014
Interview 02/2021
Pending in Immigration Court since 03/2021
Allied for EAD renewal for My wife & I Jan/2023 ( My wife received her Card on OCT/2023 ) But I didn’t till today.
1.What do you think is the problem , even sent for both of us in the same mail & paid the fees for both of us using the same payment method.
2.Do You think Should I do something with the Immigration Court or just leave it till they call me for the hearing?If yes What can I do?
Thank you
1 – It is very common for two family members to send an application at the same time, and so this is not unusual. If you have the receipt and the automatic extension, I expect you will be fine and you will get your card soon. 2 – If you want to try to get a sooner court date, you can try – I wrote about that on April 20, 2017. Many lawyers will not agree to try to advance court cases, as it is difficult for lawyers to accommodate such requests, but if your lawyer is willing (or if you are doing the case on your own), you can try. Take care, Jason
Jason,
Do you work on j1 visa waiver (2 years home return)? If an asylee applied for an asylum، do you think that same asylum application/case could be sent again as a J1 waiver under the category of Fear of Persecution?
Asylum cases and J-1 waiver cases often have many overlaps, but they are different cases. If a person wins asylum, the J-1 two-year home residency requirement is automatically waived. Take care, Jason
Hi Jason
I have a student visa and beside that I’m an asylee. I live in California and I wanted to book a ticket and go to some other state for vacation purpose. Do you think the custom in airport won’t create and issue for me? Is that ok?