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 ! When applying for a work permit after passing the 150-day mark, it’s typically better to file online or by mail?? If online , do I create one account for the whole familly to apply from, or separate, and what about the kids. thanks
I am not a fan of the online filing and so we still mostly file by paper, but it is cheaper and probably faster to file by mail. It is actually easier to file by mail as an individual than with an attorney, as linking the lawyer and client accounts is extra work. In any event, each person needs to file their own EAD. I have not filed for a child online, and so I am not sure about that, but it may be that each person needs their own account (and their own email). Once you do your own EAD, you might try to file a child’s EAD under the same account, but I think it will not allow that. If so, you would have to create an account for each person. Take care, Jason
My application for TPS was approved about a year ago and this week Ethiopia has been redesignated for TPS. My EAD is based on my TPS status and it is due to Expire on June 12,2024. In the TPS redesignation there is a paragraph that talks about EAD renewal and says
”DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending through June 12, 2025, the validity of EADs previously issued under Ethiopia’s initial TPS designation.”
I am not clear here. Am I supposed to apply for EAD renewal and pay 470 or it is that my EAD will be renewed automatically if I apply for TPS redesignation.
For your reference: https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-announces-extension-and-redesignation-of-ethiopia-for-temporary-protected-status
I do not do a lot of TPS and so I am not certain about that. From what you posted, it sounds like the current card is extended for a year. Whether you are required to file for the new card to get the extension of the old card, I do not know, but that would be a requirement for the automatic extension of an asylum-pending EAD. I would make sure you are reading the entire section to check whether you have to apply for a new EAD to get the automatic extension. Take care, Jason
Hi Jason, Appreciate your time answering my question. I’m renewing My i-765 EAD Card for the first time online, What is the best code to use when i fill the part for current immigration status if i have a pending Asylum C08. Is it an alien waiting for decision or Asylee with work permit or something else. Thanks
I don’t do a lot of online filing, but it should be the same category, c-8, which is an alien waiting for a decision in an asylum case. Take care, Jason
You should choose 999-alien with pending asylum
I was withdraw my asylum application due to serious family problems and after several years and got US visa and come again. The situation in my country is very bad and want to re-apply again. Would it be possible? Thanks
You can re-apply. You will have to explain the withdraw and how things have changed for you. Also, I am not 100% sure where you have to file the application. Check the Special Instructions on the I-589 web page at http://www.uscis.gov. Take care, Jason
@mike
In your dreams maybe!! There is 0.000% chance you will get the US visa again after going back to the country you said it was unsafe for you plus pending asylee was never a legal status so once you get out of here say bye forever to the states unless you became a citizen of a country that visa free to the US like Canada, Australia,Europe or marrying a US citizens or GC holder but otherwise it will never happen to get visa again!
Greeting Jason,
I have filled I-485 for my wife and three Childrens within one-month difference. However, two of my children first submission have got their green cards within three months while my wife and one child have been waiting almost solid year. why this such difference happens in the same benefit center (MO)?
Thank you for your continuous support.
I do not think this is very surprising, as different cases get processed at different times, even within the same family. Most I-485 cases take 1 or 2 years, and so your wife and one child’s case went faster than average (which also sometimes happens; it is unpredictable). You can check processing times at http://www.uscis.gov, but I am pretty sure the other children’s cases are within the “normal” processing time, and if so, there is not much to be done. As long as you have the receipts, the cases should eventually be completed. In short, based on what you wrote, I do not think there is anything to worry about. Take care, Jason
Hi Jason, few months back I applied for form I-485, Application to Register Permanent Residence or Adjust Status but recently I got a job offer to work for the federal government(VA). Sometimes they hire GC holders that’s how I got the job but unfortunately USCIS didn’t decide on my green card so I want to expedite under “Expedited Treatment Based on Government Interests” ! I have the offer letter and other documents that show I got the offer but I could find the link to apply for the expedite so where shall I apply? Thanks
If you have an online USCIS account, you should be able to upload documents there. If not, you would need to send the expedite request by mail to the last USCIS address that sent you correspondence. You can also try calling them (800-375-5283). If you can reach a person, that may be the most effective way to expedite, but it is not easy. Finally, maybe talk to your Congress person – that office usually has someone who can contact USCIS. You can find the contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Hi Jason,
To talk to the congress person, you said I get the link under Resources called House of Representatives or Senate. But where do I get that link? In USCIS page or where?
Thanks,
On my web site, on the left side are a bunch of links under Resources. It is there. Take care, Jason
Jason,
I applied for asylum and my wife was a dependent. I have received my SSN and the EAD but for my wife nothing came. Should she have received a notice of action on her own or if I am the primary petitioner I should receive only one? Please advise what to do. It has been a long time she hasn’t received any paperwork. We don’t even have a receipt number. Thanks in advance.
If you did not check the box on page 2 of the I-589 that says your wife is included in the case and include a signed page 9 of the form for her, then she would not receive a receipt number and would not be eligible for asylum. If that is the case, she would need to be added to the case, which is not easy (I wrote about that on March 29, 2023) or she should file her own case. If she was included as a dependent, and you did not receive a receipt that included her or her biometric appointment, you can try reaching out to the local asylum office – you can find their email if you follow the link under Resources called Asylum Office Locator. Maybe they can help, but I have a feeling if she is not listed on your receipt, that she was not listed as a dependent in the first place. Take care, Jason
Hello Jason,
My brother just crossed the border and he is in the USA. His first hearing is in July. What paperwork should I submit to the USCIS before the interview? Can we do it on our own or we must hire a lawyer? Thanks in advance.
I did a post on July 7, 2016 about who needs a lawyer, but I suspect if he entered at the border and has a court case, he does need a lawyer. Such cases are often complicated by various legal issues, and it would be helpful to at least have a lawyer evaluate the specifics of the case. In terms of what documents he needs to file, it depends what he wants to do, but presumably, he would want to apply for asylum using form I-589, available at http://www.uscis.gov (he may be eligible for other applications as well). That form must be submitted within one of arriving in the US; otherwise, asylum can be denied as filed too late. One copy goes to the judge and another to the DHS (the prosecutor). There are links to both offices under Resources (Immigration Court and DHS Office of the Chief Counsel), but I would think you would be well advised to talk to a lawyer before you take any action in order to know how best to proceed and what are your brother’s options. Take care, Jason
Hi Jason, do you think there will be change of immigration policy because of the ongoing situation like the new York housing crisis? and would it be good or bad?
I have no idea. I do think the number of migrants coming into the US is a political problem for the Biden Administration (and Mr. Biden’s re-election bid), but I have not heard about any significant changes coming any time soon. Take care, Jason
Can Green Card Holder petition for their parents and siblings to bring them to the US?
Hi Jason, Can people petition for their siblings and parents when the person is a green card holder?
No – only a US citizen can file for a parent or sibling. Take care, Jason
Hi Jason, I am a permanent resident thru asylum. I am traveling to south east Asia and I made an appointment at a hospital. Then, I needed to cancel the appointment. When the hospital sent me a cancellation confirmation, I noticed that they have my nationality listed as “American”. I never stated to this hospital that I am an American. I stated my country of origin when I made the appointment. The hospital may listed me as American because of my American address or my American phone number. I wrote them an email to ask them to change my nationality in their records to the correct one but I still have not heard back from them. Could this hurt me or be problematic in any way in future immigration proceedings?
I highly doubt it could hurt. I would just keep evidence about the communications so you have that if you ever need it. Maybe you are referring to a question on the N-400 (citizenship) form, but I think that question asks whether you have ever represented that you are a US citizen, and it sounds like you never did, so they answer would be “no.” Take care, Jason
Hi Jason
Please help me…my wife just added me to her asylum case and online it says status submitted and I have a biometric appointment my question is when can I apply for a EAD and SSN?
Thanks in advance
Once you do the biometric appointment, you can apply for an EAD at the same time as your wife, and so if she already has an EAD, you can apply immediately (though I would wait until the biometric appointment is done). If she does not yet have an EAD, she should be eligible to file for the EAD 150 days after asylum was submitted. Take care, Jason
Hi Jason,
I hope you will be fine and healthy, my today’s question is, if someone lawyer refused to go to attend his or her asylum interview , what should he or she do? Can he or she force his or her attorney to go for their interview at asylum office, if he or she already made the total payment to attorney?
Regards
It depends on the contract and on why the lawyer is not available. Ultimately, if the lawyer does not assist you as required, you can make a bar complaint for failing to do his duty. Once a lawyer agrees to represent a person, the lawyer has certain obligations, and if the lawyer fails to fulfill those obligations, he could lose his license to practice law (this issue would be decided by the state bar association if you make a complaint). Take care, Jason
Hi Jason,
Just a curiosity. Do you know anyone who filed for GC without 1 year of physical presence and they filled it while the adjudication happened (I mean the new law) and got their GC? The reason is one lawyer told me I have to file I-485 after I complete 1 year of physical presence here. otherwise it will get denied for sure.
Just for the information, I came into US with an approved I-730 and I’m a derivative child of principal asylee. It’s been 6 months since I came here. So I wanted to file for I-485 since you suggested filing after 6 months is a good time to be at low risk for the new rule.
Thank you for the platform.
Many people are filing before they complete one year. This has only been allowed since February 2023, and so I do not know whether we have any cases that are complete yet, but the new rule is clear: You can file at any time after getting asylum (or arriving as a derivative), and you can get the GC as long as you have completed one year at the time USCIS makes a decision. What happens if you apply before a year and USCIS makes a decision before you have one full year, we do not know, but I expect the application would be denied and you would need to re-file (and re-pay). For this reason, we recommend 6 months, as it seems virtually impossible that USCIS would process the I-485 in less than 6 months. Probably people who file earlier than that will be ok, since it often takes 1+ years to process an I-485, and so I think 6 months is a pretty conservative approach. I explain more about this in a post from February 8, 2023. Take care, Jason
I applied for GC six months ( 198 days to be exact) after my asylum was granted and my GC was approved, S
@Jason, I followed your recommendation and it worked out. Thank you!
Very good – that was pretty fast for a GC, so that is good to hear. Thank you for letting us know. Take care, Jason
To Make the records straight.
My asylum was approved on September 15/2022.
I applied for GC On March 31/ 2023 ( receipt date)…. 198 days after approval
GC was a approved on February 12/2024….. 319 days after application.
Yonas, first off congratulations. How long after your asylum interview did you get the approval notice? what city was your interview in?
Hi. I am an international student on an F1 visa status from Cameroon, which has been having political unrest for over 5 years now. I am a junior in college and have schooled in the US for almost 3 years now. In recent times, the political unrest has personally affected my family (family relatives were kidnapped).
This last winter break, I went home. It has been about 3 months since I have been back. I would please like to know: Am I eligible to apply for asylum upon returning from Cameroon?
You can apply. You should file within 1 year of your most recent arrival. You will also need to explain why you returned. It sounds like you went there at a time when you thought it was ok, but since then, your relatives were kidnapped. If so, that is a reasonable explanation. Take care, Jason
Hi Jason,
If a person born in INDIA, and now having New Zealand passport (citizenship). Can they file asylum in USA?
They can file for asylum, but they would probably have to prove that they have a well-founded fear of harm in both India and New Zealand. I suppose they could also try to show that they are not “firmly resettled” in NZ, but if they are a citizen, that will be quite difficult. I wrote about firm resettlement on June 22, 2017 and maybe that would be a starting point. Take care, Jason
Yeah tell them newzealand doesn’t give you gender equality because you are with different gender privileges
Hi Jason.
My online case status shows fingerprints applied for I-131 (RTD) as of March 13, 2024, however, today I got a notice in mail dated March 22, 2024, stating I need to appear at a specified ASC for a scheduled appointment for biometric. Should I go there or why this confusion?
Thanks in advance.
I think USCIS is pretty confused in general. But if you receive an appointment for biometrics, it is best to attend. It may not be necessary, but there is no real way to know, and if you do not attend and it was required, the application could be denied. Take care, Jason
Can I reschedule the biometrics in a different state since I’ll be out of my home state at the time of my scheduled appointment?
I am not sure how to do that. There is a website listed on the bottom of the biometric receipt that lets you reschedule, as long as you do that before the appointment date. But I do not know how to get the biometrics done at another location. It used to be, you could just show up with the appointment letter at any office and they would do it, but that has not worked for years. I guess if you cannot reschedule or move the appointment, you can try showing up at another location and see what happens, but maybe your best bet is to postpone until you can attend. Take care, Jason
Hello Jason, I’m an asylum applicant from Nov, 2023 and now I’m into applying EAD.
Could you please address for these two questions? thanks!
1. I can’t be sure to choose the category (current immigration status) that best matches to my status under the list.
2. What will be my EAD application if I apply few days earlier (like 145 days after the asylum application) than the intended 150 days (just to compensate the wasting times for processing there in the office)?
1 – If you are applying for the EAD based on asylum pending, the category is c-8. 2 – I would definitely not recommend filing prior to the 150 days. USCIS sometimes rejects applications as filed too early, and if that happens, it will delay the whole process by a few months and you may have to pay the fee to file a second time. Take care, Jason
Dear Jason,
Thank you so much for your invaluable advice! I still need your advice! Some points need your support.
My friend is an international student. Her husband, as the principal applicant, submitted an asylum application request while she was in the study, and the case is still pending. She has now completed her studies. She wants to stay here. She already submitted her biometrics at the same time that her husband submitted his asylum application request as the principal applicant for her family.
Which one is a safe way for her?
1. Securing work authorization under her husband’s asylum application (no job restrictions)
2. OPT with job restrictions
3. Submit a new asylum application in her name (what about the biometrics that she submitted when her husband submitted an asylum application request as the principal applicant for her family?)
Which one would you recommend as the safest option?
Sincere thanks,
This seems like the same questions you asked earlier, except it sounds like the case is her husband’s and not her parent’s. Anyway, the answer is the same and I pasted it here: Based on your message, I am assuming that the student is a dependent on her parent’s asylum case. If so, she is allowed to remain here and get a work permit now based on pending asylum. However, I would recommend she get the OPT work permit first. That’s because if she is on OPT with qualifying employment, she is still “in status” and it leaves other options open to her – principally that she can get an H1b visa based on her job and then get a green card based on employment. If she switches to the asylum-pending work permit, she will be “out of status” for purposes of changing to a new status and if she wanted an H1b or employment-based green card (or most other types of visas), she would probably need to leave the US to get that, which will be difficult and potentially impossible (there are exceptions and so she would have to talk to a lawyer about specifics). In terms of filing her own case, if she is not a dependent on her father, she should probably file for asylum before she graduates, as this will protect her from the one-year asylum filing bar (I wrote about that on January 18, 2018). If she is a dependent, she can still do that, though there is a different procedure than a first-time filer (see the Special Instructions on the form I-589 web page at http://www.uscis.gov). Unless she has an independent claim that is stronger than her parent’s claim, I am not sure there is much point in filing her own case, but legally, that is an option. Take care, Jason
Hi Jason,
Someone who is an international student has completed her studies. Her family, as the principal applicant, submitted an asylum application, and the case is now on pending status. She also submitted her biometrics when her family submitted the biometrics. Her family has already secured work authorization and a social security number.
After the completion of her studies, three options have been provided for her: applying for Optional Practical Training (OPT), making a F1 visa status change request (asylum request), and departing the US.
She is planning to stay in the US.
If she prefers to apply for OPT, she can get work authorization for 12 months (the jobs are directly related to her field of study).
If she wants to change her F1 visa status (asylum request), she already gave her biometrics when her family submitted the biometrics.
She is very confused by the above options. Which of the following would you advise her on? Which one is more safe for her?
1. If she prefers OPT, it is only for 12 months, and it also has a job restriction category (in the area of her field of study).
2. What if she refers to or focuses on her family asylum request and submits a work authorization request to secure jobs in an unrestricted category?
2. Can she submit a new asylum request in her name? Does her earlier biometrics (which were submitted under her family) have an effect on her new asylum request?
Thank you so much for helping me!
Based on your message, I am assuming that the student is a dependent on her parent’s asylum case. If so, she is allowed to remain here and get a work permit now based on pending asylum. However, I would recommend she get the OPT work permit first. That’s because if she is on OPT with qualifying employment, she is still “in status” and it leaves other options open to her – principally that she can get an H1b visa based on her job and then get a green card based on employment. If she switches to the asylum-pending work permit, she will be “out of status” for purposes of changing to a new status and if she wanted an H1b or employment-based green card (or most other types of visas), she would probably need to leave the US to get that, which will be difficult and potentially impossible (there are exceptions and so she would have to talk to a lawyer about specifics). In terms of filing her own case, if she is not a dependent on her father, she should probably file for asylum before she graduates, as this will protect her from the one-year asylum filing bar (I wrote about that on January 18, 2018). If she is a dependent, she can still do that, though there is a different procedure than a first-time filer (see the Special Instructions on the form I-589 web page at http://www.uscis.gov). Unless she has an independent claim that is stronger than her parent’s claim, I am not sure there is much point in filing her own case, but legally, that is an option. Take care, Jason
Hi Jason,
Thanks for helping us here!
I have been waiting for my interview for 7 years. My attorney requested the asylum office to schedule the interview because I have been waiting for 7 years, but they did not respond to him. Now, the attorney said he will send another letter indicating that we will file a mandamus lawsuit if they don’t schedule the interview immediately.
Do you think a threatening letter will negatively impact my affirmative asylum case?
I think mandamus is often the only way to get an interview. In my experience, it does not negatively impact the case. If you are filing a mandamus, you may very well get an interview soon, so make sure your case is ready to go. Take care, Jason
Hi Jason
I have a question please, when I filed my i130/i485 didn’t file for work authorization, few months later I did and I got my green card before my work authorization!!!! Now few months after receiving my green card and through my Uscis online account the work authorization case showed today the the case was denied?!!! Haven’t received my denial notice yet but just wondering why ? Would you have an explanation…. Thank you again
It is probably because you have a GC and no longer need an EAD, and also, you no longer have a pending I-485, which is the basis for the EAD. I think it is nothing to worry about since you have the GC already (though if the denial letter gives some other reason – such as fraud – you would want to have a lawyer look into that, but this seems unlikely). Take care, Jason
Thanks a lot , you’re always a great help
Hi Jason i am filing I-485 packet for myself and my daughter, ans as you know when you file the packet with I-765 & I-131 the fee is waived for I-765 & I-131, i have prepared the whole packet with the forms and supporting documents, my question is that I am going to pay USCIS by money order and I have read USCIS site intructions, it says that generally you must mail your money orders together with your benefit request form. What is this benefit request form, and is it necessary to fill and mail this,when paying by money order and what it is used for?
I think the “benefit request form” refers to the I-485 (and the I-765, and I-131). We write the person’s name and A number on the check or money order and on the back of the passport-style photos, put them all in an envelope labeled “Photos and Fees,” and staple that to the cover letter. I am guessing you know about the fee increase on April 1, and so you would want to mail the applications as soon as possible and send them by priority or express mail. Take care, Jason
Thank you so much Jason. Since 2017, when I was in back in my country and my husband was here, you are always been great help for me. God bless you abundantly in Jesus name I pray, amen
Thank you, Jason
Hello Jason,
1. I was applying to renew my EAD online and they seems to have added 2 new question concerning appeal and bias you are prompt to respond to to avoid delays, but both question does not concern me as I still have a pending co8 case waiting for interview. do I provide my I589 acknowledgment receipt there or just leave blank and skip that part.
2. Since I am applying online for faster review do I need G28 attached ? or could I filed without the G28
Thank you
1 – I am not sure what questions you are referring to, sorry. We do include a copy of the I-589 receipt with the I-765 application. 2 – The G-28 is for people with a lawyer, and so if you are not using a lawyer for the I-765, you do not need a G-28. Take care, Jason
Hi Jason
Have a green card through asylum!
can i travel the third country using COP s airline US ,which has a great network of destinations ,from USA,for lay over in the COP s biggest airport for few hours in the transit area (without entering the country) .?
MUCH APPRECIATE IT.
It is probably ok, but I suppose you could be asked why you did that if you fear the home government (if you fear terrorists or other non-state actors, it is easier to explain). You should be prepared to explain that, just in case you are ever asked. Of course, if you can get a flight that does not go to the home country, that would be better. Take care, Jason
Hi Jason, I heard that if a family came to USA when kids are minor. Is there any program that help to get GC if kids became 21?
I do not know of any such program for immigration, sorry. Take care, Jason
Hi Jason,
Thank you so much for helping us.
I have 2 questions about my case. I have been pending affirmative asylum for the past 6 years.
1. I recently applied for my EAD renewal online. I can see the receipt notice that is attached to my case does not have a priority date on it. It only has a Received Date and Notice Date. However, for the last 2 renewals, I applied by mail, and when I received the physical receipt in the mail, it did have a priority date. This is my first time renewing my EAD online, and I am literally worried about this situation.
2. After submitting my I-765 application with all the requested documents, I can still see “Unsolicited evidence” showing under the documents section.
“Unsolicited evidence is any additional information or evidence that we did not request from you. If you upload evidence that we did not request from you, USCIS will consider the timeliness and relevance of this information when making a decision about your case.”
Is it normal to show this even though I have uploaded all the documents?
*Some of my friends told online filings are faster than physical mail. Based on your recent experience, do you know how long it takes currently for EAD renewals online?
Thank you.
1 – I am still not doing a lot online, but if USCIS has accepted the filing, you should be fine. I would not worry about the lack of priority date. 2 – I have not seen that before, but it does not sound like a problem. Maybe you gave them more than what they need. If so, they can just ignore what is not needed. My sense is that online filings probably are faster, but they are easier without a lawyer and that is why we usually do not do them (coordinating the lawyer and client accounts is annoying). Take care, Jason
Hello Jason.
I’m on an approved I-730 from my wife. Now i have my GC pending for about 7months. Things are not working the way we were expecting in our marriage. My spouse cheated on me. Since she is at fault and i have all the require evidence too. If we decide to divorce now, will that keep me from getting the GC? It doesn’t matter if the marriage was ended because of the other spouse, not me.
Thank you for your help.
The reason why the marriage ended is not relevant to the case. I believe if the marriage ends before the GC is approved, you will be required to file a “nunc pro tunc” asylum application, which will give you asylum as the principal applicant. This is basically a formality and you do not need to prove a whole new asylum case, but it will delay the process by years. If you can hold off the divorce until you have the GC, that would be better, but if not, you can do the nunc pro tunc and except for the delay, that should be fine. Take care, Jason
Hi Jason, really appreciate your wonderful help on this website! I have been waiting for my interview for more than 3years, and since my mom got her citizenship last year and I am unmarried but 32 years old and in the States now, I have been told I could transfer my asylum to an Immediate Relative state and the process will be fast like 6 months the most, so I am wondering if it’s true and can it be really fast like this? Thank you so much.
Unfortunately, that is not true. A US citizen can sponsor a child as an immediate relative only if that child is under 21 years old. Your mother can file an I-130 petition for you, but the wait time is long (maybe 8 years). You can see that if you Google “DOS visa bulletin.” Also, you would most likely need to leave the US to get your GC, though there are exceptions to that general rule. There is no harm in having her file the I-130 for you, aside from the fee, as that might be good to have as a Plan B (or C or D) if asylum does not work out. If she does want to file the I-130, I recommend she do that before April 1, when the government fee will increase. Take care, Jason
Hi Jason, I was interviewed @ Houston office after having a pending case since 2015. After interview I was told not to go back to the office to pick a decision, that one will be sent to me in the mail. Seven months after my interview I am still standing here waiting. Per your experience what would be the course of actions should initiated by a person like? How long does a case like mine take to be adjudicated as the USCIS states that it used to take 2 weeks to adjudicate? Thanking you in advance Sir.
Some cases used to take two weeks, but we never see that anymore, and even in the good old days, two weeks was not common. I did a post about ideas for getting a decision on June 2, 2021 and maybe that would help. Take care, Jason
Hi frank,
Sorry about the wait for the decision. Did you receive the decision already since it’s been over 2-months since you made this post?
I have an interview in Houston next month and I’m just curious. How long did the interview last?
Cheers,
Bomaka
Hi Jason,
I am wondering what happened to the immigration bill proposed in Congress at the beginning of Biden’s administration. There was one particular section which may be of interest. It states that notwithstanding section 316(a)(1), any LPR who was lawfully present in the US and eligible for EAD for not less than 3 years before becoming LPR may be naturalized. Do you know whether that bill was passed or this specific proposal about the expedited naturalization has come into effect?
Regards.
No such bill has become law. I do not know about the specific section you mentioned, but that law has not changed and as far as I know, no immigration bill has become law since Biden took office. Take care, Jason
Hi Jason,
I heard that the Biden administration reduced the waiting period between GC and eligibility to apply for citizenship for TPS holders and or DACA recipients to 3 years. Is that true? and if yes, can it be reduced to 3 years for asylum-based GC holders too?
@justice
Not even 1 out of your fake news are correct! Everything you mentioned are bullshit and not true at all! Stop watching too many movies cause looks like it affected your mental health!
I have never heard of this and it is not likely to be true, since some of these changes you mention would require a change in the law, and so Congress would need to do that, which has not happened. Take care, Jason
My husband is the applicant of a defensive asylum case. He filed the I-589 and included me as well.
He received his biometrics appointment a month ago, but I have not received mine.
When should I receive my biometrics appointment?
If it is a defensive case, you need to Google “Defensive Asylum Application in Immigration Court” and follow those instructions. If you are not in court, you would not be able to do that or be a dependent on his case (you can file your own case, or if he wins, he can file an I-730 for you). If you are with him in court, and you did not get a biometric appointment, maybe you want to fill your own I-589 and follow those same instructions to get an appointment, as you will need the biometrics completed before the final hearing. Take care, Jason
Hello Jason,
Hope you’re doing well.
I have pending asylum case with no interview yet from 6years. Applied for 3rd EAD renewal online before 170days of its expiry. I got my renewed EAD card in August 2023, within 3 weeks which has my first ever taken biometric picture.
(FYI, my second came after 19 months last time after many follow ups)
Thing is it came with 2 yrs expiration date and I also lost 5-6 months additional since new EAD validity started from the time of application.
From October 2023, everyone like me got their renewal for 5 yrs. What should I do to get 5 yrs one?
Another question: my brother filed petition for me (i-130 form) in late 2023. No progress yet. My another brother is also USC, if we applied through him as well (i-130), how it will effects me… will I get my GC/LPR faster?
I am already having so many issues because of my pending asylum case from 6years. Expedited many times, wrote to congress person, DHS and also filed writ of mandamus last year but nothing helped yet.
Please be advised.
Thanks & have a peaceful weekend!
You will have to wait until 180 days before the current card expires, and then you can file for a new card. When you get the new card, it should be valid for 5 years. In terms of your brother, the wait time for an I-130 is something like 13+ years (you can see that if you Google “DOS visa bulletin) and you would most likely need to leave the US to get that (I wrote articles on this point on August 28, 2018 and September 6, 2018). Having a second brother file does not really help you, though I suppose if one brother withdraws the I-130 (or if he passes away), you will have a second pending I-130 as a back-up. Finally, I am surprised that the mandamus did not help – maybe talk to that lawyer again to see why, as the mandamus cases that I have heard about have all succeeded in getting an interview. Take care, Jason
Hi Jason,
I am a pending asylum applicant since Oct of 2015. Ever since I have been only renewing my EAD but lately I have been thinking to do a sort of inquiry on my case just to make sure that it is really pending and not that my clock has stopped for any reason. What’s the best way to get an update on the pending case and make sure the clock is not stopped and that I just have to keep waiting for an interview. My case was moved from Los Angeles to Houston TX.
Moreover my Employer has been insisting me to file for eb3 labor certification as I am essential to the business but I heard that I will have to travel back to home country for the GC interview which I cannot. So my second question is do you think that there is way to adjust status from pending asylum without leaving the country?
Thanks
Thanks
If the clock has reached 180 days, it does not matter whether it stops, as you can continue to renew the EAD. Your case is still pending, since USCIS continues to renew your EAD. You can ask about your case status by emailing the Asylum Office – you can find their email if you follow the link under Resources called Asylum Office Locator. In terms of EB3, it may be possible – I wrote about that on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer about the specifics of the situation and whether you can get your GC inside the US (maybe under a law called INA 245(k)), or how it would work if you had to leave the US to get the GC. Take care, Jason
Jason.
Just curious. Is it just teplying here or is there a staff memenrr also replying here?
Thank you
Is it just you or other staff members also reply here?
Thank you
Just me. There is a staff of sorts, but they help with technical stuff. Take care, Jason
Hi Jason,
Any hope of RTD becoming valid for 5 years?
I have not heard anything aside from the conversation I had with a friend who works at USCIS a few months ago, but I do think the RTD will be extended. It is the one thing in immigration world that I actually expect will improve, so hopefully, I will not be disappointed. Take care, Jason
I have one pending for the last 5 months. Should I expect an extended one? Thank you.
There is no news yet about a longer-term RTD, and so unless USCIS announces that, you will get the one-year travel document. I do not know why they are taking forever on this, as it should be an easy fix. Take care, Jason
I had my fiance added as dependent on my asylum application but now he is applying for students visa separately. Does consulate have this information about him being dependent and reject the student visa?
Only a legal spouse should be listed on the asylum form, and so if you are not legally married, it would probably have been better not to list him (though it is not a big deal for purposes of your interview – you can explain the situation). For him, they may know that he is listed on your asylum form and this may make it more difficult for him to get an F-1 visa. If you are not legally married, you might want to write a letter explaining the mistake so he will have it for his visa interview if he needs it. I do not know whether that will help, but if the consulate thinks he will join you in the US and remain here (thus violating his F-1 visa), they may deny the visa. Take care, Jason
Good afternoon Mr Jason,
I hope you’re doing well. Please what can you tell us about the dignity program? Now USCIS is giving the EAD for 5 years, mine is with a CO8 pending for almost 8 years. I also got TPS approved. Do you think I can apply for a green card without anybody’s support? I am a college student, do you think it’s ok to do so?
Thank you for your help.
As far as I know, the Dignity program is only a bill that has been proposed and it has not been passed. Therefore, you cannot get a GC based on that program. Take care, Jason
Hey Jason I always apply work authorization renewal application by myself. But this time I am not able to find where to file can you pl guide me which office I need to send my a10 category (Witholding of removal) renewal application by the way I live in New York Thanks I will really appreciate your help
You can check here and look under “Other Categories” for a-10: ww.uscis.gov/i-765-addresses. Take care, Jason
Hey Jason thanks for your reply I checked here but I am still not getting this part it’s very confusing .could you pl help me and find me which office? I have to send my application, I mean adress for a10 category my residence adrees is ny it will realy help me
It is confusing, but they want you to file at the same address as a family-based application. You can double check the link I sent you, but the address I see for someone in NY is below. I do not know why they reference AOS (that is for adjustment of status – applying for a green card). I would make sure in the cove letter to explain that the case is for Withholding of Removal and include a copy of the court order. Take care, Jason
USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680
Hello Jason,
I recently filed my i-485 as an asylee, unfortunately for the part 02 , question number 03 regarding the underlying petition of the principal applicant I have given my i-589 receipt number. Will it cause any problem to my i-485 application?
Thank you,
Lex
I doubt that will cause a problem. If you want to take action about this, once you get the receipt, you can send a letter to USCIS explaining the mistake. Include a copy of your receipt and send the letter to the address on the receipt, which will make it easier for USCIS to match your letter to your pending case (or if you filed online, you can submit the letter online, which is even better). Take care, Jason
Hi Jason, I hope you are doing great. I have applied for status adjustment based on my asylum granted, and the case is still pending. I have paid the application fees ( Total $1225). My EAD Category A05 is about to expires soon and I intend to send the application for renewal.
My questions
1) Which EAD Category should I select? A05 or C09
2) Am I required to pay the EAD renewal fee?
Thank you
1 – Use category a-5 since asylum case been granted. 2 – Yes, or do a fee waiver using form I-912, available at http://www.uscis.gov. An asylee can work lawfully without the EAD, and so you do not have to renew, but having the EAD makes life easier. Take care, Jason
Hello Jason,
I am currently under my mom’s asylum application, can I still apply for the DV lottery and if so how does it affect my mom’s application.
You can and it would have no effect on her case. If you win, you will need to talk to a lawyer about whether you can actually get the GC and how that would work. I wrote more about that on October 5, 2015. If you return to your country to get the GC, your mother may need to explain why you did that and how you stayed safe, depending on whether that is relevant to her asylum case. Take care, Jason
Hi Jason,
I am an asylee and got my green card in Aug 2023. I have to travel for work in June this year and my travel documents are expiring in June, is there a way to expedite the process? Do i have to send my existing docs back to USCIS and file a new I131 form?
I wrote about expediting in general on January 29, 2020 and maybe that would help. Under the RTD instructions (form I-131, available at http://www.uscis.gov), if you apply for a new RTD while the old one is still valid, you are supposed to mail in the original RTD, which is super annoying. I have heard about people who only send a copy and wait for a request for evidence for the original and supposedly, that has worked, though I have not tried it myself and it is contrary to the instructions. So you know, you can apply for the GC now (I wrote about that on February 8, 2023) and if you do that before April 1, you can also file an I-131 for a new RTD for no extra cost. After April 1, most fees are going up, but I think the stand-alone RTD fee will actually go down. Take care, Jason
Hello Jaosn,
just for your information I’ve applied for RTD renewal last year 10 months before my RTD was getting expired and included copy of my RTD and the USCIS sent me a new RTD 15 months later without RFE to send the old RTD back at all so i still keep the old one and the new one and i even sent another i-131 to renew my current and new RTD 2 weeks ago and USCIS accepted my application and fingerprints were taken so looks like the USCIS understand that we apply for renewal real early cause it takes time and USCIS never sent us RFE to send the old one !! never happened to me or my other friend who did the same. We just include a copy of the current RTD and that’s it and i keep the old ones in case i have to give it up with the GC when the neutralization interview take place in few years,
Thank you – I think you are not alone in this, but it would be nice if USCIS would just solve the problem and issue the RTD for 5 or 10 years. Take care, Jason
Hello Jason.
My father is an asylum applicant and have been waiting for the interview since January 2017. He is 80 years old now and his health condition is not so good because of his age. What happened if at the time he will be invited to the interview he is unable to walk, talk or thing straight?
Thank you
The question is whether he can attend the interview. If not, I think he will need a note from a doctor explaining why and you will have to coordinate with the asylum office. If he can attend and he has a legal guardian, that person should go with him and that person can attend the interview. Again, he should probably get some evidence from a doctor that he cannot communicate or do the interview. In short, if you have some evidence of his medical condition from a doctor, you should inform the asylum office and see how they want to proceed. Take care, Jason
Thank you Jason,
Now I understood how to behave in case of temporary disability. What happens if my dad can’t attend the interview because he has a permanent disability? As I watch my father, I realize that despite his PhD, his mental and physical abilities are fading, and I don’t know whether he will be able to pass an interview in a few years. What does USCIS do in this case? Thank you
That is a difficult situation and I wish you all well. As to the question, I think you will need to get a doctor’s note for him and then have someone else attend the interview with him and answer questions for him. You might also be able to use this as a basis to try to expedite the interview – I wrote about that on March 23, 2022. Take care, Jason
Hi Jason,
thank you for your reply. Do I need to be his legal guardian to go with my father (or instead of my my father) or it is enough if he signs a power of attorney?
Thank you.
I have not done that before, and so I am not sure what legal relationship is required. I have a case coming up later this month where I will need to figure that out, so maybe check back in April, but you might also ask the asylum office itself. When you email them to make the request to expedite, you can also ask whether you can appear for your father and what documents (if any) are required. Take care, Jason
Thank you Jason.
I will check back in April.
Hello Jason,
Could you please let me know if you have any new information about this?
Thank you very much
Hello Jason.
I am here on asylum. But my wife and kid in back in persecution county. If my wife travels to canada and cross the border to US –
1. Will she need to have her own case or can she still be a dependent on my case?
2. If my case gets approved early-on, does she still need to have her own asylum case?
3. If she is in canada and comes to the border and wants to cross to US, can she apply for asylum at that time at the border?
Thank you
Rephrasing the last questions:
1. If my asylum case gets approved earlier than hers as my dependent, will she be approved? And if so, will she need to withdraw her own asylum case?
2. If she is in Canada and comes to the peace park washington, can she apply for asylum at the checkpoint there (or any other checkpoint)?
3. If she crosses the border, what are the deportation laws (canada/mexico)?
Thank you
1 – If she is in the US, you can file an I-730 for her, but that takes 1 or 2 years. If that is ultimately approved, she could then withdraw her own asylum case. 2 & 3 – I think if she tries to enter the US that way, she will be returned to Canada and told to seek asylum there. I have not specifically looked at this issue in a while, but maybe she can talk to a lawyer to see if there are any exceptions to the Safe Third Country Agreement. Take care, Jason
1 – If she has no status to enter the US, that is probably a bad idea, as she would not be eligible for asylum in the US due to the “Safe Third Party Agreement,” which says that you have to file in Canada if you arrive there before you come to the US. 2 – If your case is approved, you can file an I-730 for her (and your children) so they can get status in the US. That can be done if she is in the US or if she is in another country. 3 – Most likely not, for the reasons discussed in # 1. Take care, Jason
Hello Jason.
I found an article from the federal register that explains the following.
Link—https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-208/subpart-B/section-208.30
—Link
An alien qualifies for an exception to the Agreement, which includes the Additional Protocol of 2022, if the alien is not being removed from Canada in transit through the United States and:
(A) Is a citizen of Canada or, not having a country of nationality, is a habitual resident of Canada;
(B) Has in the United States a spouse, son, daughter, parent, legal guardian, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew who has been granted asylum, refugee, or other lawful status in the United States, provided, however, that this exception shall not apply to an alien whose relative maintains only nonimmigrant visitor status, as defined in section 101(a)(15)(B) of the Act, or whose relative maintains only visitor status based on admission to the United States pursuant to the Visa Waiver Program;
(C) Has in the United States a spouse, son, daughter, parent, legal guardian, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew who is at least 18 years of age and has an asylum application pending before U.S. Citizenship and Immigration Services, the Executive Office for Immigration Review, or on appeal in federal court in the United States;
This is a good starting point, but I would still want to know whether there is caselaw on this point or other authority, and that, I do not know. For that reason, I would talk to a lawyer to research specifics. Take care, Jason
Hello Jason
Is it possible to apply for a work based green when your asylum case has been pending for over 4 years without an interview? And if you have an employer willing to do that what is the process? Do you do such cases? And if it’s possible what are the chances of getting the greencard?
It is possible, but it depends on many factors. Also, whether or not you can get the GC without leaving the US depends on several factors. I discuss that in more detail in posts on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer about the specifics of your situation. You would want to know whether it is possible, whether you have to leave the US to get the GC, and how that would work. Also, what are the risks? I would want all that written down before starting on the process. Take care, Jason
Hi Jason,
I appreciate your assistance on this wonderful platform. I’ve been patiently awaiting my interview for almost six years now and have a few inquiries.
* My EAD is approaching its expiration. How soon can I submit my renewal application to USCIS?
* As a pending asylum applicant, am I eligible to apply for my EAD renewal online, or is it necessary to send it
via physical mail? Could you please suggest the preferred or faster method?
* What is the current processing time for EAD renewal?
Thank you sincerely for your help.
1 – The earliest you can file is 180 days before the current card expires. The new card should be valid for 5 years (not 2). 2 – You can apply online. I am not a fan of the online system, and so we mostly file by paper, but when it works, the online system is better. 3 – I think applications filed more recently will go faster than this, but most of the ones we’ve seen are taking a year or a bit longer. Take care, Jason
Can primary applicant visit home country soon after receiving US passport??
They can. However, if the trip causes the US government to think that the case was fake, it could potentially reopen the case. I think this is extremely unlikely, but it is not impossible. In fact the Trump Administration created a unit within the government to look into citizenship cases that were supposedly based on fake asylum cases. Again, I think the likelihood of this being an issue is very small, but it is not impossible. Take care, Jason
Hi Jason, thank you very much for your help. I have an i-130 pending, I applied for the I-589, If the I-589 is denied, am still eligible for the I-130 if I have to go back to my country?
Unless there is a finding of fraud in your asylum case, there would be no effect on the I-130. However, whether you can leave the US, consular process, and then return, I do not know, as it depends on many factors. I wrote more about this issue on September 6, 2018. I also wrote about the possibility of getting the GC without leaving the US on August 28, 2018. If you are eligible to do that, it is a safer option. Take care, Jason
Thank you very much for your previous response, I already read your two articles from August and September 2018 and I think I explained myself wrong, I have a pending I-130 and I applied for I-589 in the United States, I don’t want to wait for the result of the asylum in my country I don’t want to go back to my country, but if I- 589 is denied because sometimes you just don’t fit for the criteria of the officers, and get into a deportation process, can I still be eligible for the I-130?
Potentially – if your spouse is a US citizen, you entered lawfully, and do not have criminal problems, you should be eligible. If your spouse has a GC, that likely will not work, but there are some exceptions and so you would need to talk to a lawyer about the specifics to know for certain. Take care, Jason
Hi Jason,
You might have written on this, if so sorry for the repetition. I have a pending affirmative asylum case, no interviews yet and waiting for 2 years now. In the meantime, I had two surgeries and now I learnt I have a serious chronic disease possibly keeping me away from work. I am depressed and suffering much. I do not know what to do. Can I reapply to USCIS with my medical condition and ask them to have my interview asap? Also, I have no idea, but does refugee status or green card help me to manage with serious health issues? Thank you.
A health problem can be a basis to expedite a case. I think the best way is to get a letter from the doctor explaining the problem and explaining that the stress and anxiety of the asylum case is making your health worse, and that expediting the case would improve your health. There may be other approaches to this as well, but you want to show how expediting the case would improve your health. I wrote more about this on March 23, 2022. Take care, Jason
Jason,
If someone’s asylum gets denied, then this person decides to leave on their own. Would they be able to apply for a visa to get in the US after that? Or they’re considered banned from entry?
It depends on a number of factors – whether they have been in the US for any periods with no status (meaning, no pending asylum case or other case – if you have 180+ days in the US with no status, you are barred from returning for 3 years and if you have 1 year or more without status and you leave, you are barred from returning for 10 years), whether they have been ordered deported, whether they entered the US legally or illegally, etc. Even if you have a legal bar to returning, you can apply for a “waiver,” which is a request for forgiveness so you can return here. There are different types of waivers, depending on why you are barred and the type of visa your are seeking to return. In short, it is all a bit complicated and you might want to talk to a lawyer about the specific situation so you will know whether you can return and how difficult that might be. Take care, Jason