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
Jason,
Do you accept new asylum applicants?
We do. You can always email me at jdzubow@dzubowlaw.com. Take care, Jason
Hello Jason,
Can a spouse of a derivative of a pending asylum application travel with her US citizen child to her own country of non-persecution (the carribean) to see her hospitalized father who wants to see his grand child before passing away? Note: Spouse has accrued an unlawful presence before she was added as a dependant.
Assuming the person has a valid Advance Parole document and a valid passport, that should be fine. The unlawful presence will not block her from returning here as long as AP is valid. And traveling to a third country should have no effect on the principal’s asylum claim. Take care, Jason
Hello Jason
It’s been 8 since I applied for asylum, I never saw any change on my status. I don’t know what to do it’s been so many years what should I do?
Unfortunately, this is normal for an asylum case. Recently (March 2024), the Asylum Office created a “second track” to interview the oldest cases. It is unclear how many old cases are being interviewed, but some are. We are seeing cases interviewed from 2015, but I have also heard about cases from 2016 and 2017 being interviewed. I wrote more about this on June 26, 2024. I do recommend that if you have an old case, you make sure you are ready, in case they schedule an interview. Also, you can try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Hello Jason,
I Just got my approval letter and wanted to applied i730 for my kids right away. But was told it will not be granted until 1 year have pass or until I get a green card, which confuses me as I saw on uscis that the relative petition after GC is a different form (i130).
Can you please advice on this?
Best regards,
If you have been granted asylum, you can file the I-730 immediately. I wrote more about the process on December 26, 2019. Take care, Jason
Hey Jason,
I applied for green card based on asylum back in summer of 2019. After filing a mandamus lawsuit, I finally got my approval. Just wanted to come here and say thanks for all the help through out the years.
I am glad you got the approval, but it is ridiculous that you needed a mandamus to get it done. Wouldn’t it be nice if USCIS would just do its job, especially given how much people are paying them. Anyway, thank you for letting us know. Take care, Jason
Jason,
Would a mental health condition be considered a reason for someone who did not apply for an asylum within the first year? If yes, is there a clear instructions/guidance of what mental condition qualifies to waive the one year requirement? If the applicant went to see a therapist who helped overcoming the mental condition and helped the patient achieving her/his goals (including applying to an asylum), in that case, would that be sufficient to waive the one year requirement?
Thank you!
This can be a reason. I wrote more about this issue on January 18, 2018. However, you have to explain why the mental health issue prevented you from filing on time. If you were able to work and engage in other life activities during that same period, explain how you could do that but could not file the asylum case. Maybe you have PTSD that made it very difficult to think about the problems you suffered back home, for example. A medical report from a therapist is probably needed, and that report can help explain how the mental health issue blocked you from filing. There is no formula for this, however, and some judges and asylum offices are better than others about accepting an excuse for missing the filing deadline. I would recommend you talk to a lawyer about specifics, as it is very important to overcome the one-year filing bar – even the best asylum case can be denied if the person does not overcome the one-year bar. Take care, Jason
Hey Jason, thanks for this opportunity. Please I have a concern, so I’m an asylee who got married to a us citizen and filled for adjustment of status (I-485) concurrently with I-130 and I-765 back in April 2022, I have gone for biometrics, recieved a letter to send in initial evidence which I responded to, I-765 got approved.i also recieved a mail about taking my I-693 results to the interview. So since June 2022 I haven’t recieved anymore action on my case and is getting me worried. It should be noted that I haven’t withdraw my pending asylum and our union has been blessed with 3kids, I have been trying to send an e-request but I keep having an error stating data unavailable at this time for the past 3months. Should I be worried about this or what do you think can be going on thanks. I greatly appreciate your time responding to me.
I doubt the asylum case is contributing to the delay. Typically, we wait until the GC is approved and then withdraw the asylum case. While you have been waiting a while for the I-485, it is still likely within the “normal” processing time. It sounds like USCIS has communicated with you about the case, and so I expect it will be processed and hopefully that will be soon. You check the case status at USCIS.gov and that will tell you whether you can make an inquiry online. If you try that and it does not help, you can make an inquiry through the USCIS Ombudsman – there is a link under Resources. They sometimes help when there is a long delay. Take care, Jason
Hi Jason,
Can I submit video evidence to the AO? It is a YouTube news video that covers the latest country conditions. Should I download it onto a flash drive or just send the YouTube link? What is the best way to submit it?
I think the best way is to just give them the link. You can also transcribe the entire video (write down word-for-word what was said) and submit that along with a certificate of transcription, where the person who wrote down the words indicates that they wrote down every word accurately, and them they sign it with their name, address, and phone number. For country condition information, I think you would be better off finding something in writing, as I doubt the officer will listen to a video, unless it is something very specific about you (for example, if you gave a speech at a political rally and someone recorded it). Take care, Jason
Hi Jason,
I hope everything will be fine, i am an asylee now, I got sick due to high volume of stress and now need some health facility from the state and lost some hours and income , so my question is if I get health insurance from the state because of the low income , will this put any bad impact on my family immigration, their i730 are still in process so should I apply or should I don’t?
Will USCIS raise any red flags for my family immigration as derivative of my application cause I am getting a benefit from the state?
I will be anxiously waiting for your reply, I am diabetic and having high blood pressure nowadays.
Regards
Asylum seekers are not subject to the public charge rules, meaning that if you get any type of government assistance, there is no effect on your case or the I-730 cases. In terms of available benefits, we did a post on December 15, 2021 that might be of interest (though depending when asylum was granted, it may be too late to claim certain benefits). Take care, Jason
Thanx alot Jason always
Hello Jason,
I have been following this blog for almost 6 years now and after waiting 7 years plus my interview notice finally came with just about a week to be mentally prepared.
However we decided to just go ahead and my Lawyer encourage me to just state the facts the way they happened and that it would be fine to not remember a couple of things since and believe I had a strong case although I could get lastest affidavits to reach me on time.
Interview noticed received on June 29
Interview date July 5
My interview laster for less than an hour . And have been checking online everyday days or so as I was given a paper to sign in AO for my decision to be mailed to me; so, on July 18th It says interview was done pending decision.
Checked again July 19th, decision was made and mail send to me
Before I could not add the paper case to my online account, but curiously tried again that day using my ZNK # and it went thru, for me to see that it mentioned:
On July 18, interview was completed
On July 18, fingerprints for your EAD was taken and fees waived
On July 18 your new ead card was ordered
On July 18 the decision was mailed to you
Dear Jason my question are:
1. How long does a mailed letter takes to arrive
2. Should I understand by this that my case was approve?
3. What will happen to my pending EAD I applied for 4 months ago which still show pending
Thank you for all the advice and encouraging words I got from here which keep me going on daily bases, this blog have been my refuge in time of intense stress for the many years I have been following you
Blessed day and best regards.
1 – Usually not long. Maybe a few days or a week. 2 – Many people have observed that if the new EAD card is ordered, that indicates a grant, since they are issuing the new card based on asylum approved. Hopefully, that is the case, but I think you need to wait for the paper decision to be certain. 3 – If the case is approved, you should get a new EAD based on asylum granted and the old renewal (based on asylum pending) will be denied, as it is no longer needed. Good luck, Jason
Got the letter yesterday and it is approval notice
Congratulations! And thank you for sharing good news. We have posts from May 16, 2018 and December 15, 2021 that may be of interest. Take care, Jason
PRAYER, Congratulation, it looks for me your case has been approved.
Everything seems to be quick for you, short notice and immediate decision. Amazing!
Have you filed Mandamus? or Regular expedite request?
Greetings,
Thank you !
Just send them an email 5 years plus which they responded by saying that they got the email and the case was pending review.
Best regards,
Hi Jason,
I’m an asylee and have RTD. I want to visit UK to see some friends of mine. Do I have to get visa on my RTD or my passport? Also do I need to use both passport and RTD while visiting any country? Using passport to enter the third country with visa stamp. and using RTD to return to USA? something like that?
I do not know – you might check the UK Embassy website to see if it has that info. I think if you can get a visa, that is safer, as you do not want to get turned away at the airport. You may need to use your passport as well, but I would guess that the UK will accept the RTD instead of the passport, and it is better if you only use the RTD. I wrote about asylees using their passports on May 25, 2022 if you need more info about that. Take care, Jason
Hi Jason,
At the time of the interview, what role do dependents play? Do the spouse (dependent) and children’s (not dependents) need to attend the interview? If so, how long are they expected to be present? Do they need to prepare for the interview?
If the children are toddlers and newborn, is there a way the AO can excuse them from attending for such a long duration?
I am quite confused about this. Could you please provide me with a bit of background?
Thank you
I did blog posts on January 26, 2022 and February 9, 2022 and maybe those would help. Dependents must attend the asylum interview. They generally have little to do – mostly they have to answer the “bar” questions, i.e., questions that can bar a person from asylum, such as if you are a criminal or terrorist. They also ask about travel. For young children, you or your spouse would answer for them. You can also ask the asylum officer if your dependents can go first, and once they are done, they can leave (rather than wait hours for you to finish the interview). Take care, Jason
Hello Jason,
Can a derivative asylee who holds a green card renew their passport and travel to their country of origin for an urgent reason for few weeks? The derivative asylee plans to use their green card and passport for the trip, but will use the Refugee Travel Document to return to the USA.
Thank you.
It should be fine – when a derivative travels to the home country, there is no effect. If the principal indicated in the asylum case that the whole family is in danger, it would be a good idea for the dependent to be able to explain why they returned and how they stayed safe, just in case they are asked, but I think it is unlikely they would be asked. Take care, Jason
Hi Jason Dzubow,
Please l don’t understand if say path way to GC what does that means?
I mean, if you have a way to get the green card based on some basis. If you think you do, you should talk to a lawyer to see the best way forward. Take care, Jason
Hello Jason,
Based on your experience, do we need to mention all employers in the work history for Form I-589? Even if someone has a full-time job and is also doing a side job (part-time), or previously worked in multiple jobs (moonlighting) in same timeline?
as per my research, it is not illegal to work multiple jobs simultaneously.
Will this have any negative impact on the case?
Thank you
It is perfectly legal to work multiple jobs. You should list all jobs during the last 5 years. If you fail to mention a job, it could potentially impact credibility – if the asylum officer or judge thinks you are lying about your job history, they may think you are lying about your case. Take care, Jason
Hello, JASON DZUBOW,
My case has being Pending for almost four years now at the board of immigration and no decision yet , and also am holder of TPS.which means should l used for me to adjust my status.
If you have TPS, you may be able to adjust status, but you should talk to a lawyer about that. You may want to try to dismiss the BIA case, as a denial could potentially be problematic. At the minimum, if you have a path to a GC, you should talk to a lawyer and see what needs to be done now, before the BIA makes a decision (or before TPS ends). Take care, Jason
As we patiently endure the endless delay for RTD, which is only valid for a year and requires 14 months to produce, it’s interesting to note that the rest of the world can manufacture it in just a few months. Meanwhile, its validity period ranges from 2 to 10 years. We reside in a country where the immigration system is utterly dysfunctional and broken!!!!
Global RTD Validity and Processing Times Comparison
1. UK
10 years validity
14 weeks processing times
2. France
5 years validity
3 months processing time
3. New Zealand
5 years validity
20 business days processing time
4. Netherlands
5 years validity
6 business days processing time
5. Italy
5 years validity
10 business days processing time
6. Spain
5 years validity
2 months processing time
7. Germany
3 years validity
6 – 8 weeks processing time
8. Australia
2 years validity
2 months processing time
9. Canada
2 years validity
20 business days processing time
10. Sweden
2 years validity
7 months processing time
Jason,
Is the USCIS reviewing old cases first now? Or is it still prioritizing new applications first?
They are using a two track system. Most officers seem to be doing cases at the border or LIFO (new) cases, but “some” officers are assigned to the oldest cases. USCIS had not informed us what “some” means, but we are seeing interviews being scheduled for old cases – mostly from 2015. I wrote more about this on June 26, 2024. Take care, Jason
Jason,
In my previous question, I didn’t mention that I entered the us legally with a J1 Visa then I applied for an asylum. Do I qualify for the new Biden’s immigration program? Or, is it only for those who entered the US unlawfully?
I do not know if the PIP program helps people who have a two-year home residency requirement. I doubt it, but I am not sure. You normally would be eligible to get a GC based on marriage to a US citizen if you entered the US lawfully. Take care, Jason
Jason,
Can someone with a pending asylum case apply for Biden’s new immigration program?
The PIP program is for people who entered unlawfully and who are now married to a US citizen. Assuming you meet all the requirements (and assuming the program does not get blocked by a court), you should be able to apply even if you are in court. Take care, Jason
July 20, 2024
Hi Jason, Thank you so much for helping the society, my question is, which document is better to request for traveling outside of the US for asylee, the TPS or RTD? Please say your opinion about the two documents with regard to travel on one’s origin country, and which one is safest to reentry to the US
Thanks
Hi Jason,
Thank you so much for helping us.
One of my friend’s case status has been changed to interview scheduled, but she doesn’t know the date yet. How long does it take to get the interview notice in her mail?
Usually that is pretty quick – a few days or a week. She should be sure her address is up to date (using form AR-11, which can be filed online at http://www.uscis.gov). If her address is not up to date, she can email the asylum office directly to ask about the interview date – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you so much for the quick response.
Yeah, the address is good.
As we know, if we email the asylum office, it would take 2 to 3 weeks to get a response from them. Is it a good idea to call the asylum office and ask for the interview date? or just wait for the notice?
The reason my friend wanted to know the Interview date is she travels a lot for her work. If she knows the interview date, she would like to plan her travel accordingly.
You can try to call. That rarely seems to work at our local office (Virginia) and so I don’t bother. Some offices have walk in hours, and you can try that too. Take care, Jason
Hi Jason, Thank you so much for helping the society, my question is, which document is better to request for traveling outside of the US for asylee, the TPS or RTD? Please say your opinion about the two documents with regard to travel on one’s origin country, and which one is safest to reentry to the US
Thanks
If you have asylum, the best document is the RTD. If you do not have asylum but have TPS, you can request Advance Parole, but that is not a travel document (you cannot use it like a passport). Instead, it is a re-entry document and you must use your passport to travel and the AP document to re-enter. As long as either document is valid, you can use it to re-enter the US. Take care, Jason
Jason, I am happy to inform you that my spouse has been added to my pending asylum application after exactly 1year and 2 months of waiting. We received a biometrics appointment letter last week from USCIS and we going to apply for her EAD immediately after the appointment.
That’s great. The process of adding a spouse is basically the equivalent of landing a man on the moon – it ain’t easy. So the fact that it worked after “only” 14 months is a great accomplishment, and at least gives us some hope that it is still possible. Take care, Jason
Yes! It is. But however Jason, we notice that on the biometrics letter indicates a different I-589 Receipt number and USCIS Alien number for my wife (added dependant) as supposed the main applicant. Is that right Jason?
The A number should be different, but I thought the receipt number should be the same. Even so, I doubt it is an issue for purposes of the EAD, and once you go to the interview, they can check that. If you are worried about it for purposes of the EAD, you can email the asylum office to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I filled Asylum application in Mid of 2022. I have requested Asylum Office for expedited interview due to my health degradation and my family’s life threatening situation in my home country, but the asylum office denied twice.
What can I do? Is writ of mandamus better?
Thanks,
I did a post on February 26, 2015 that lists some other ideas, but basically, if you tried to expedite and that has failed, you could try a mandamus case. Some lawyers will say that you need to wait longer before trying the mandamus, but it depends on the particular asylum office and the case itself, and so you can talk to a lawyer who does mandamus cases in your area and see if it is possible. Take care, Jason
Hello Jason,
I hope you’re doing well. Please I have a question: We applied for Humanitarian Parole for 5 family members on January 2023, they just got approved yesterday, thank God. But as two of them, their passports were expired and they renewed. After they renewed I submitted the copy of the new passport with a letter explaining and asking to update the pp numbers. USCIS replied to me and let me know that they were gonna update the information. Yesterday when we received the approvals, and we were trying to do the CBP one, one got the CBP her travel authorization approve, when we try to do for the second one (7 year old girl) it wouldn’t let us and we see the old passport number came up. So the mom doesn’t wanna do her CBP one because she thinks that the can give her travel authorization and let the girl behind. I don’t know what to tell her. Do you have an idea? Any suggestion I will appreciate it. Thank you so much.
Unfortunately, I do not know about this. I would guess that it is best to update whatever can be updated, and if the child is not allowed to travel, the mom can wait with her and continue trying to update the child’s info. Also, maybe you want to talk to a lawyer who is more familiar with issues at the border and see if they have any ideas. Good luck, Jason
Hi Jason,
Thank you for your support for the community.
I have 2 questions: 1. I applied Asylum in 2016, and I tried many methods to request to have my Asylum interview to be scheduled: visiting the Asylum office, requesting to add to the short list via email, sending mails to office, calling USCIS, and requesting my local senator to expediate scheduling my interview. Unfortunately, all failed. May I know if you are able to provide the service to sue the Asylum office so I can be interviewed?
2. I renewed my EAD card, however there is an error on my recently issued EAD card, which mistakenly includes “NA” as a middle name.
Following the instructions on the USCIS website (https://www.uscis.gov/tools/uscis-tools-and-resources/information-about-your-immigration-document/updating-or-correcting-your-documents), I initially sent my EAD card to USCIS (Lee’s Summit Production Facility Attn: I-765 Replacement Cards 7 Product Way Lee’s Summit, MO 64002) for correction. However, I received a response later instructing me to send the card to (DEPT OF HOMELAND SECURITY NEBRASKA SERVICE CENTER ATTN: NTA/BCU HIGHLAND CLERICAL PO BOX 82521 LINCOLN, NE 68501-2521). I promptly replied to clarify the situation but have not received any further guidance from USCIS. May I have your suggestions about how should I follow up the case? My current EAD card is about to expire while the renewed EAD card has typo and has been sent to a USCIS location per USCIS website where is different with the USCIS location per replies from USCIS.
Thank you very much.
In terms of expediting, you can try a mandamus lawsuit – talk to a lawyer about that. In terms of the EAD, I think you will have to see the card to know exactly how it looks, but maybe you can just live with “N/A” as most everyone here (including employers and the DMV) should know what that means. Take care, Jason
Hi Jason,
Thanks for your prompt reply. For the renewed EAD with typo on it, I had sent to USCIS (Lee’s Summit Production Facility) for correction. However, the USCIS requested me to send the card to DEPT OF HOMELAND SECURITY NEBRASKA SERVICE CENTER after I sent the card to Lee’s Summit already. May I know is there any way I can ask them to track the card and make correction on it? Thanks.
I am not sure – I guess you can send a letter to Nebraska with a copy of the card and a letter explaining that you sent it to Lee’s Summit. You can also submit that online if you have a USCIS account. Take care, Jason
Hi Jason,
Exactly that’s what we’re doing. Thank you for your help.
Good luck – let us know what happens, as that will help others. Thank you, Jason
Hello,
Applied for asylum in April 2017 and my lawyer advised as follows
“Since you filed your asylum claim in 2017 you could force the government to interview you at the asylum office through a writ of mandamus. If you file writ of mandamus you will probably get interview in 3 months or less from the filing of writ of mandamus. My fee for writ of mandamus is $3500.00 (+$490.00 for application and service of process fees). Right now is the best time that I have see to be interviewed at the asylum office since most people are being approved. ”
I do not know much about the process and if it is good or bad for my case. Please what do you think I should do?
@sonna
Who told you that everyone gets approved?? It’s fake news!! I have 3 friends got denied in the last 2 months so everyone have different case and lots of people get denials too
If you want to get an interview and have been waiting since 2017, a write of mandamus is a good way to proceed. I think the price is within the normal range that lawyers charge. There are other ways to try to expedite – I wrote about those on March 30, 2017 and March 23, 2022, but mandamus is the most effective. Take care, Jason
Hello,
My asylum application is still pending but I have a travel document for my marriage based green card application. I am originally from West Africa. Can I use my tavel document to go to another West African country without raising any eyebrows from the USCIS?
If you have a valid Advance Parole document, you should be fine to travel, as long as you do not go to your home country. Going to a nearby country would have no effect. Take care, Jason
Hello Jason,
Interview around the corner with short notice.
1. Hard to get notarized affidavit in this short time, can I just get them signed with person ID and emailed?
2. Can I use my husband déclaration (where he explain some circumstances he faced to support my case) as an affidavit on my case, he is listed as a dependent. If yes does it need to be notarized.
Thank you.
1 – Yes, that is what we do all the time. We include a signed letter + copy of the photo ID. I wrote more about witness letters on August 15, 2012. 2 – Certainly you can use that, as he knows about your case. It does not need to be notarized, especially since, as a dependent, he will presumably attend the interview with you. Take care, Jason
Hello Jason
I am a green card holder based on Asylum I want to travel with my wife to Mexico on a tourist purpose I have my own country passport still valid can I use it to get the Mexico visa stamped on it ? Is there going to be an issue associated with it ? should I apply for a travel document however it takes forever to get it.Thanks and God bless you
It is better to get a Refugee Travel Document, but in practical terms, it does take a long time. I have had many asylee/GC clients travel to third countries with their passport and green card, and no one has yet had an issue. However, do realize that a new, hostile administration may come to power in the US and may look at such situations more critically (i.e., if Trump becomes president, immigrants may be treated much worse than they are now). So if you want to be 100% safe, get the RTD and use that. That said, I think the risk is small even under a potential Trump 2.0 administration. I wrote more about the risks in a post dated May 25, 2022 and maybe that is worth a look. Take care, Jason
Hi Jason,
I got my approval letter for my green card application based on grant of asylum I could see that the COA in the letter is “AS “ however while checking with friends and online I could see that the COA in my case should be “AS6 “ which mean principal asylee is this might be a typo from them ? I couldn’t see on the USCIS any meaning for “AS “ Should I wait till I receive the card and see how it looks like ? Is it worth fighting for it and filling form I 90 to correct it just in case ? Thanks so much for your assistance.
I am not sure how that would make any difference. There are several different categories that start with AS, and in practical terms, I do not think they have any effect, and I would not worry about this. Take care, Jason
Hello Jason,
My asylum interview is scheduled for this month. When I filled out my application, I was single and had no children. Since then, I have gotten married and now have two kids. My wife also has a pending asylum application. When I updated my I-589, I included my wife’s details. My questions are:
1. Is my wife required to attend the interview?
2. Will the asylum officer ask her any questions?
Thank you.
1 – She is not required to attend. However, if you want to add her to your case so she becomes a dependent, you can do that and if so, she must attend. I wrote about this on March 29, 2023. Note that in most cases, for an asylum seeker to get added to a case as a dependent, they need to withdraw their own application. If you do not add her to the case and you win, you can file a form I-730 to give her asylum, but that normally takes 1 or 2 years. Take care, Jason
Hi Jason,
I am a green card holder based on grant of Asylum and I am currently married from a US citizen since 3 years should I apply for Citizenship now or wait another 2 years to complete a total of 5 years ? Thanks
The only way to do the 3-year thing is if you got the GC based on marriage to a US citizen. Otherwise, you have to wait 5 years from the date listed on your GC, which should have been back-dated one year if it was based on asylum. Also, you are allowed to mail the application for citizenship up to 90 days before the 5-year anniversary of your GC. Take care, Jason
Hi Jason,
After 7 years of waiting I finally got a letter for scheduled interview yesterday and it should be in about a week Newark. Happy to finally get it done but kind of short notice on the documents to submit side, as it says additional documentation to be send 10 days prior the interview day. How can I do this in this very short time since I do have document to submit.
Also it says all dependent on the case should appear for that interview, the problem is my children listed on the case are still in home country, will this be an issue.
Thanks for helping out and for your time.
Only dependents who are in the US and who were included as dependents in the case need to attend (meaning that when you listed them, you included an extra signed page 9 of the I-589, signed by the dependent). In terms of document, I think you will have to do your best. It is extremely unfair to schedule the case with no notice like this, and I think if you are not ready, you should think about postponing. Postponed cases should be rescheduled within a few weeks or months, but the problem is, you never know for sure. You can submit evidence by scanning at emailing it, which will get it to them faster (included a scanned copy of your interview notice so they can match the evidence with your case). You can find their email if you follow the link under Resources called Asylum Office Locator. I wrote more about postponing in a post I did earlier today. Take care, Jason
Thanks for your prompt response Jason,
I thought about rescheduling but 2 things, in one hand I just want to do it and get the peace of mind back as the long waiting period has been very stressful on the other I had renewed my EAD 3 months ago and it never came out, was thinking it is because they had planned to interview me already and I am afraid to reschedule it and never get it as the clock will stop due to me requesting reschedule. What would be your best advice in regards to this with the EAD pending. Also I was granted TPS but never applied ead under tps as my ead under co8 had expired I renewed that one instead of getting one from tps. Is it possible to have 2 ead in case I end up rescheduling and applied for ead under tps.
Once you get an EAD, the Asylum Clock has no effect, so rescheduling your case now will not affect whether you get the new EAD. Renewals are slow, and so 3 months waiting is normal, and I expect it will be several more months before you get the card. And so I do not think the EAD renewal should be part of your calculation when deciding to reschedule. If you are ready for the interview, you should go forward, but if you think you are not ready, or if you think you can gather more evidence to make the case stronger, you might consider rescheduling – it is far better to present the best possible case now and hopefully win, then to present a weaker case now and potentially get denied (and since you have TPS, the case should be denied if you lose and not sent to court). Take care, Jason
Hi Jason ,finally they scheduled my individual hearing after 4 year of waiting .i have 9 more month to go to my individual hearing.what can i expected to be prepared for that ?i have attorney too on my case
I did a post on September 25, 2019 that talks about the hearing. I also did a post on August 27, 2019 about preparing for the court case and maybe that would help too. Take care, Jason
I have a pending asylum case and my passport is expired.. can I still travel through RTD?my mother in law’s condition is critical
Only a person who wins asylum can get an RTD. You can try to get Advance Parole. I wrote about that on September 11, 2017. Also, I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Hello Jason ,
Hope you are doing well. I did interview my assylum two weeks ago . I know I am a little bit unpaient but I am just wondering that when I would likely to get results ? Do they have a timeline to reply ? Some people say two weeks, three weeks , a month , ? When I checked the status on “Decision is Pending “ one important point , my gown up kids gave a finger print a week before our interview date ? Does that delay the process ? I really appreciate what you are doing to support us.
There is no timeline. Some cases are decided in two weeks, but most take longer. I do think the majority of cases are decided within 5 or 6 months. I doubt your child’s fingerprints will delay the decision, but I do not know for sure, as they tell us little about background checks. I do think it is rare for a case to be delayed due to a dependent’s background check, but I am not sure. Good luck with the decision, Jason
Hi Jason,
Im applying for a RFD as an asylee. Do I have to pay the filing fee for I-131? in the USCIS fee calculator it shows $165 for anyone older than 16 but in I-131 instruction page, it says you dont need to pay additional fee if your application type is B or D. I guess I’m type B (Applying for RFD as an asylee)
I think you are referring to the Refugee Travel Document. Asylees have to pay the fee for that, which is $165 for most people. I do not think you can get a fee waiver, but if you want to try that, take a look at form I-912 and see whether the Refugee Travel Document is included there (I think not, but I am not sure). Take care, Jason
Jason,
Can you please share the contact info of your partner who works on J1 Waivers? Thanks!
I am not sure about his availability, but you can email him to ask: TPilcher@DzubowLaw.com. Take care, Jason
Good afternoon Jason,
I hope you’re doing well. One question please: I heard on the news that the Biden Administration is planning to give green card to Citizen Spouses but I haven’t heard anything about the undocumented people he had planned to open a pathway to green card and citizenship since last year. Do you have any idea? What for the undocumented who don’t have a spouse citizen and have been living in the country for 10 years and over?
Thank you.
This rule has been announced, but it has not yet gone into effect, and so we do not know anything for sure. However, for people who entered unlawfully, who have been in the US for 10+ years, were married to a US citizen prior to June 17, 2024, and who do not have any disqualifying criminal or other issues, they can potentially get a green card based on the marriage. I do think we have to wait for the rule to know for sure, but it seems like it will not help unmarried people (though it may help certain stepchildren of citizens who get a green card at the same time as their foreign-citizen parent. Take care, Jason
Hi Jason,
I came here in the US with an approved I-730 as a dependent child of an asylee. And I’m going to apply for my GC now. I’m trying to fill up I-485 by myself and Im almost done. I have one question regarding the Part 2. I think I’m derivative applicant. So I provided information about my parent (name, DOB and A number) for the principal applicant. But I’m not sure what to put in the “Receipt Number of Principal’s Underlying Petition”?
Can you please help me here.
I think for the I-485, you are the principal applicant, as it is your application. I think there is no harm in putting info about your parent in that section, but I would indicate somewhere (such as the cover letter) that you are an asylee dependent and include a copy of your parent’s approval notice. For the receipt number, their initial asylum receipt should have that number. If they did the case in court, they should have filed for biometrics and the receipt number should be on that document. Take care, Jason
Would the new Biden’s immigration policy protect an applicant who’s been in the US for more than 10 years and already married to a US citizen but has a J1 two years requirement not fulfilled? Would this person still be able to adjust status without having to leave the US for two years.
Jason,
Would the new Biden’s immigration policy protect an applicant who’s been in the US for more than 10 years and already married to a US citizen but has a J1 two years requirement not fulfilled? Would this person still be able to adjust status with having to leave the US for two years?
Without having to leave ** (correction).
The rules for the new policy are not released, but I do not think they will affect someone in this situation. They do not waive the home residency requirement. If you entered the US legally with a J-1 and marry a US citizen, you should be eligible now to adjust status. However, you will need to file for a waiver of the home residency requirement. I would talk to a lawyer to evaluate your case and make sure you meet all other eligibility criteria. Take care, Jason
Hello Guys,
On Monday, June 10, 2024, I had my asylum interview at Houston asylum office. A week after my interview, June 17, 2024, I emailed the asylum office inquiring about my decision which they replied same day. I followed up same day asking about a timeline of when I might expect to receive the decision, they replied on June 20, 2024 saying “Your case is continuing processing and adjudication to finalize a decision. Once we receive all pending, required information, it will be served to you by mail.”
Saturday, June 22, 2024, I checked online and it says the following:
June 22, 2024 – We received your case and waived the filling fee for your form I-765, application for employment authorization.
June 22, 2024 – New card is being produced.
June 22, 2024 – You completed your interview with USCIS.
June 22, 2024 – We reached a decision in your case. You should expect to receive a decision shortly.
June 22, 2024 – The fingerprints relation to your form I-765 application for employment authorization, were taken.
Does anyone have an idea on what this means?
Cheers,
Bomaka
You cannot know for certain, but when USCIS indicates that fees were waived and a new card is being produced, that is a positive sign. It hopefully means that they are creating a new EAD based on asylum approved. You will have to wait for the paper letter to be sure, as you never know, but that should arrive in a few days. Good luck, Jason
Hi , i have a question and thanks for your help. I am not U.S. citizen yet. I have only green card . I want to get married and he lives in Iran . How long does it take if I want to apply for him to bring him in the usa ?
You can Google “DOS Visa Bulletin” and see the wait times when a lawful permanent resident files for a spouse. You can only file after you are married, and I think the wait time is a couple years. Once you become a US citizen, the case will switch to another category where there is no wait time (though it still takes time to process the case). Take care, Jason
Hello Jason,
I came to USA with F1 student (graduated) and stayed more than a year. Am I eligible for asylum application since even though I stayed longer than a year with valid visa?
If you are in lawful F-1 status, that is an exception to the one-year filing rule. You should definitely file before the F-1 status expires, and if you are on OPT now and do not have a qualifying job, they may already consider you out of status. If you get TPS, that is also an exception to the one-year bar, so maybe that is a good idea. I wrote more about the one-year bar on January 18, 2018. Take care, Jason
Hello Jason, I came to USA with F-1 student visa and now I got Stem OPT work visa after graduation. OPT allows me to work only in the field I have studied but I didn’t get job yet. Until I get Job related to my major, I need some income to survive and I found out that my country is eligible for TPS, so can I apply for TPS and have two EAD card?
I think you can do that, but I have not done it for anyone. It would be good to try to maintain status, even if that involves getting TPS. If you can maintain status, it gives you more options in terms of getting a green card. I would recommend you talk to a lawyer to think of a plan going forward, if you want to try to stay legally in the US for the long term. Take care, Jason
Hi Jason ,I was married in 2014 in my country before coming in USA and I applied for asylum ,I got referred to court in 2020 but I am still waiting for individual hearing and I didn’t have my wife news since two years .i think she got married .i want to married a us citizen ,but i don’t have my wife new to file for divorce .if I got married here they uscis will see in my file i was married ?because my wife was my dependent .can I easily married and get approved ?
You will need to get a legal divorce in the US. You can do that even if you have lost contact with your ex-wife. Talk to a lawyer who does divorce. Better yet, find a lawyer who knows about international divorce and the notice requirements to complete that process. Unless you get the legal divorce, you cannot marry here and pursue your immigration status that way. Take care, Jason
Hello Jason,
Someone who arrived to the US (legally with a visa) more than 10 years ago then overstayed their visa since, and got married to a US citizen a few years ago (in 2021). Would someone like that be included in Biden’s new immigration order? Or, is the order for only those who entered the US illegally 10 years ago and more?
Thanks
The order is for people who entered illegally. If you entered legally, you should be eligible to get a GC even if your visa status expired. I wrote about that on August 6, 2018 if you need more detail. Take care, Jason
Hi Jason,
Thank you so much for helping everyone on this forum.
I have a question. One of my friends has been waiting for a decision for the past 2.5 years. he inquired through a congressman and they said it is pending a background check. I’m not sure what kind of background checks they do that would take almost 2.5 years?
Do they conduct background checks on previous workplaces, schools/university, and addresses in the home country?
If they do background check previous workplaces, the organization where my friend worked no longer exists. He is so stressed.
The background check has to do with searching different government data bases, but they do not tell us a lot about that and I do not have details. However, it does not involve calling prior employers and people who know you to ask about you. Honestly, I think in most cases, it is just an excuse to delay doing their job, but sometimes, where there are issues related to material support of terrorism (such as paying ransom or giving a terrorist group money at a check point), that require more time (I wrote about that issue on June 24, 2016). I also did posts about ideas for getting a decision on June 2, 2021 and March 30, 2022, and maybe those would give him some ideas. Take care, Jason
Hey thank you for all your hard work.i applied for asylum in the Arlington office and have been waiting for 7+ years for an interview. My family circumstances changed this year and I asked to expedite my asylum interview due to medical conditions. My request was accepted and they said it’ll be scheduled based on resources. How long will it take for them to schedule an interview? Is it within a year? Or should I follow up with them after a lapse of time to remind them? In addition, I’m looking for a new job and I might move to a new jurisdiction which may affect my case. Since I was already accepted for expedite, should I wait for my interview before moving? Please note that my lawyer is in the DC area so they’ll also get the letter and I can move without moving my address yet.
If you move and change your address, the case will be transferred to a new asylum office (assuming you move out of the DMV area) and I think you will need to make a new expedite request. I would say that if there is no news within 90 days, you should follow up about the expedite request. You can do that sooner than 90 days if you want, but usually, I wait 90 days. Take care, Jason
Hey Jason, Thanks for helping . I came with c1d visa and approved witholding of removal in 2007 now married with u.s citizen and have kids . I have already approved i130 And 601a in prossing.How i can apply parole in place? AM i fall under this category (parole in place) and do I have to close my witholding of removal first and 601a Thanks for your help once again
We do not yet know whether people who entered on a crew member visa will be eligible for the new program. The program has been announced, but the rules will not be published until later this summer. You may want to continue pursuing the provisional waiver until you learn more. Take care, Jason
Jason,
Would you please fill us in? I mean bout the latest Biden’s immigration policy/executive order regarding granting green cards to undocumented immigrants who are married to US citizens.
Who is exactly included?
Is someone who got into the country legally and over stayed their visa also included (since they’re considered undocumented, too)?
Does the applicant have to be an asylee as well? Or is it ok if they don’t have an asylum case at all?
Thanks
The policy was announced but specific rules are not yet issued. That should happen later this summer. So far, we know you have to have entered the US and been here for at least 10 years, as of June 17, 2024, and you must have been married prior to June 17, 2024. Also, certain criminal convictions could block people from getting status. Unlawful entry would not block a person. Whether this rule will actually go into effect, or whether it will be blocked by a court, we do not yet know. Take care, Jason
Hi, have you seen or heard of any asylum cases from occupied areas of Ukraine?
I filed my mom’s asylum case myself after she barely escaped from Mariupol and came to US on U4U. Mariupol is now occupied and residents are being subject to ethnic cleansing and forced passportization. There is a clear pattern and practice with ample supportive documentation from State Dept and other sources
My whole argument is that if she returned to occupied Ukraine, then refused to accept Russian citizenship,then she would be subject to denial of medical care, housing, and pension – or else forcibly deported to Siberia. This is all based on her nationality and political opinion. I feel good about her case.
I have only done Ukrainian cases where the person has some other type of fear. For example, a person who will be persecuted by corrupt politicians due to exposing their corruption. I think your mother’s case may be more difficult than you are anticipating. Generalized violence (such as your country being attacked) would normally not be a basis for asylum. Also, she must show that there is nowhere in Ukraine where she can live safely. So maybe if she is a minority and cannot safely relocate to Kiev or another location, that could be a basis for the case. If there is nothing like that in her case, I think you should talk to a lawyer about other options. At a minimum, she should be eligible for TPS, which will likely be in effect for some time, but maybe there are other options as well. Take care, Jason
Hi Jason, what are thr approval for an applicant who submitted after the 1 year from entry limit (after 4 years)?
In other words, are you asking whether asylum approval rates are lower for people who miss the one year bar? The answer to that is “yes,” but I have not seen data on it for some time. I did a post on April 3, 2019 that has some data about this. More importantly, if you filed late, you can overcome the one year bar, and you should definitely try to do that, as it can be done (we did it for a client last week). I wrote about some ideas for that on January 18, 2018. Take care, Jason