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, thank you for all you do! I want to have an idea about when to except the average asylum decision times from Arlington office which the interview was completed on Sep.10th….thanks!
They claim that most applicants receive a decision within 20 days, but that is not my experience at all. Most of my clients wait many months for a decision and I do not know what the average wait time is. I would say that if there is nothing after 3 or 4 months, you can follow up with the asylum office – I wrote about this on June 2, 2021. Take care, Jason
Hi Jason,
My asylum was recently approved. During the interview, the asylum officer asked if I worked without authorization before I received my Employment Authorization Document (EAD). I admitted that I did.
I’m concerned about how this might affect my green card application next year. Could this potentially lead to a denial based on unauthorized work during that time?
Thanks,
You need to reveal the unauthorized employment on your I-485 (the GC application). If you do that, and if USCIS requires a waiver (a form to ask forgiveness for the “sin” of working illegally), they will ask for it. It is very easy to get a waiver at this stage, under a section of the law called INA 209(c), and it is free. If you do not reveal the employment and get the GC, the waiver is much more difficult if you need to apply later on. For my clients, when they have revealed the unauthorized employment, USCIS never asks for the waiver, probably because it is so easy to get it. In my experience, as long as you reveal the issue when you apply for the GC, you will be fine. Take care, Jason
Hi Jason, is it also advisable to admit to a consular officer that one worked without authorization before applying for assylum.i withdrew my asylum claim and returned to home country,and have tried to obtain the non immigrant visa a few times but in vain.And the main reason is the consular officer does never believe me when i say i did not work without authorization, and even though this is true,the insist im not being honest, and say unless im willing to tell the truth,i will be wasting my money n time applying for visa
I would not admit to something that is false. Maybe instead, you can get some evidence that you were supporting yourself without working illegally, like you had money the bank or a family member supported you. If you can explain how you survived in the US without working, maybe that would suffice. That said, for people who claimed asylum previously, it can be very difficult to get certain types of visas, such as a B or F. Maybe you would have better luck with an H1b or an L, if those are options for you. Take care, Jason
Thanks Jason for the reply.
How about if i say i was getting almost all my support from the church i attended, through the parish priest, in terms of Food,Groceries every Sunday after church, and even clothing regularly, and no cash payment.And that i never offered any services in return but was active and devoted like in the sunday missal services and other infrequent community events organized by the church like berbeques,and so got to inform the church of my plight and hence got its support?And also staring that the only support i never received from church waa accomodation,to which i stayed with someone else.
And i take with me a letter from the prist?
If that is the explanation, you can tell them that and get a letter from the priest to back up your claim. Take care, Jason
Hey
I don’t know what situation i am in but i really need a good guidence
I crossed canada us border month ago and i was told that if u go to to the border petrol they will release in 1 hour and u will get your alien number and it will be beneficial for assylm process
So i crossed border call 911 and they took my fingerprint and everything and i was sent to buffalo detention center where i was there for 5 days i had an interview i said my wife is in usa on visitor visa and we both were wanted to apply asslyum together so she didn’t applied and because of no blood relation and because of my wifes Visitor visa not ASSYLM filed they decided and i got NO EXEMPTION
My wife was in usa and i was in canada i had fear and danger in canada i got beaten up by the group also and they are members of the indian group racial discrimination and i was not safe in canada so i did not applied assylm and enter united states and got REMOVAL ORDER AND 5 YEARS OF BANE
THIS IS WHAT WRITTEN ON REMOVAL ORDER
In accordance with the provisions of section 212(a)(9) of the Act, you are prohibited from entering. attempting to
enter, or being in the United State
FOR period of 5 years from the date of your departure from the United States as a consequence of your having been
found inadmissible as an arriving alien in proceedings under section 235(b)(1) or 240 Of the act
I CROSSED BORDER AGAIN AS I SAID I HAVE FEAR AND THEY WOULD HAVE KILLED ME
I AM IN UNITED STATES NOW I DON’T DON’T KNOW WHAT TO DO ?
WILL THEY SENT ME TO DETENTION CENTER ?
WILL THEY DEPORT ME ?
AND YES MY WIFE HAS FILED ASSYLM IN US
PLEASE GUIDE ME
If the government finds you, they can detain and deport you. If that happens, you may be able to raise some type of defense, such as Withholding of Removal or Torture Convention (or maybe asylum, though I doubt it). Whether you can reopen the court case or file a new case, I am not sure. I think you will need to talk to a lawyer to research that question and see whether it is possible. Take care, Jason
Hello Jason,
I applied for C08 EAD renewal back in March 2024, I got interview and asylum granted in July 2024 with new EAD C05 about 2 weeks later. Now the old ead under C08 is still pending, should I call or mail to let that office know that my status has changed and the old one is no more needed.
Thank you
I would not bother. USCIS will likely deny the c-8 application, as you no longer qualify for that and you do not need it. Take care, Jason
Hello Jason,
Thank You for your time and effort. I have a question for you hopefully you can help me guide to take the right decision.
I have been waiting for my green card for a long time and finally got it Today. I was so excited and made plans already for travel. I have a Refugee travel document as well. Now the problem is on my green card they did not put the last two letters of my last name. I have a long name but less than 18 words. The last part of my Last name is Samed and they only put Sam, but everything else looks good (First Name and DOB and USCIS#).
I have a travel planned already for Mexico in November. Do you think I will have issues to get in and out of there with this issue? Or I can just tell them that it is because I have a long name that does not fit on the card.
I know for sure that this is USCIS error because I have all the scanned documents that I sent when I applied for I-485. They still managed to make this error. They did the same once on my EAD long time ago and I went there to fix the problem, but they told me that in their system everything look perfect so I should not have a problem with it, My employer never made a problem for that. But this time it is a Green Card. I’m scared to send my GC back and having to wait for “Only God knows how long again” to get that. What is your suggestion or best way to handle this? (And By the Way I had to contact congressman to speed up my process, that’s how I received the GC in the first place).
If the RTD is ok, you can return to the US using that document. Whether Mexico accepts the RTD, I do not know, but you can check the embassy website or reach out to the embassy. If you can get a visa in the RTD that would make it more certain that Mexico would accept the document. In terms of the GC, I suspect that it will not be an issue, but I am not sure. I do not know whether there is a limit to the number of letters in a name on the GC, and so this may not be an error at all – it may just be that they cannot add more letters to the card. Maybe you can try calling USCIS to ask about this, though it is not easy to reach a person (800-375-5283). There is a way to correct a USCIS error on the GC and maybe you want to submit a request to see what happens (https://egov.uscis.gov/e-request/displayTypoForm.do?sroPageType=typoError&entryPoint=init). I think at least initially, you do not need to send in the card itself, and so maybe that is worth a try. Take care, Jason
Hi Jason, Can one still expedite his case at BIA. The case has being there for almost five years now, no decision has being. Made up till now.
You can try – you can file a motion explaining why the case needs to be expedited. I have never tried that, but you can try – I think in the worst case, they will just deny or ignore your request. I do not think it would harm the case in any way. Take care, Jason
Hi Jason, since l apply for my renewed of EAD as a TPS holder,than l received a receipt notice that they have review my case for almost six months now. When l tracks it, its keep on saying that in two months decision will be made but the two months has pass without any decision up still now.
I am not sure if EAD renewals based on TPS receive an automatic extension of the old card. I think they do – you can read your receipt to see. Otherwise, I guess you can try to expedite the EAD if you have a reason to do that (such as you will lose your job and face financial hardship). To do that, you have to call USCIS to ask them (800-375-5283) or try to request expediting on your USCIS account, if you have one. I wrote more about expediting on January 29, 2020. Take care, Jason
Dear Jason.
As per your instructions I send detailed email regarding pending deciosn to SF office and what I saw in FOIA on one i589 copy decision referral and other copy decision section blank.
Email response from office was same
Thankyou for contacting SF office your decision is pending.
I went today to the field office where j was interviewed.
At desk agent saw both copies of i589 which I printed from FOIA and took them with me to ask them.
Agent checked in the system and she said do not see any issue with my case in her system. No notice issued.
Only thing that it’s pending for the supervisor review. And she can’t tell me when deciosn will be mailed or ready and Why 2 copies of i589 there . She further said please be patient and wait.
Now I think only mandamus is option with me.
Do you suggest filing it now.
Based on my time line
Application filed in October 2021
Interview in February 2022.
Decuisn pending since 2.7 years.
Appreciated you guidance like always.
I do not do mandamus cases, and I know different lawyers have different opinions about how long a person should wait. In some cases, the different opinions may relate to how courts respond to mandamus cases in that part of the country; other times, it may just be the lawyer’s best judgment. I think you have waited a while, and some lawyers in my part of the country would definitely file a mandamus for you, but I recommend you talk to a local lawyer who does such cases to get their opinion. Take care, Jason
Hi Jason,
If my EAD is expiring on 24th December 2024, what is the best date to apply for renewal?
You can apply to renew now, and give the long wait time, that is a good idea. As long as you file to renew before the current card expires, you will get a 540-day extension of the old card while you are waiting for the new one. Take care, Jason
Hey Jason,
I had my asylum interview case expedited this year due to humanitarian reasons in May 2024. Fast forward and It was finally scheduled late August. USCIS did an error and send the notification to my old lawyer. By chance I got the notification in the tracker that my interview was scheduled so I contacted my lawyer. Neither her nor me received the notification so we contacted the office and I find out that my interview was for September 18th. Which was just 2 weeks after the notification was send. Due to logistics and work on that week I am on a work trip that o couldn’t even cancel and my lawyer wasn’t available either. So she asked to reschedule my interview. Now will I go back in the backlog since I was schedule for expedite request and asked a reschedule or rescheduling shouldn’t take too long? She ask for a reschedule in October and I made known to my job no more trips.
The asylum office is a real disaster for things like this, and it happens again and again and again. In any event, rescheduled cases should be the first priority and so the delay should not be long. Assuming they agree to postpone the case, they should reschedule pretty quickly. If there is no news in a month or two, you can reach out to them by email. If you need their email, follow the link under Resources called Asylum Office Locator. Take care, Jason
Raj, I applied for my EAD online which was approved and mailed in 10 days. Online application saves you $50 and it is quicker than mail application. Just make sure to upload all required documents while applying. Hope this will help you. Good luck!!!
Good day Jason
Thankyou for great work you doing and provinding free answers to people like us. Gif will reward you.
My question is my friend revived FOIA record of his I589 application. there were two copies of his I589 applications.
One copy where decision space nothing was mentinoned no interview date, no officer id.
On other copy he found that his decision was referral and date was mentioned which was right after 7 days of his interivew. He found no letter of denial, referral, no case found of eoir website since 2.5 years he is waiting for decision, did inquires by congress and ombudsman same response every time, decision pending, under active review, case is pending for written decision,
Ombudsman confirmed in their response that USCIS confirmed no notice or decision mailed!
Decision is pending!
He is planing to file WOM Law suit.
But he is scared. If the decision comes negative will USCIS will be accountable for not issuing deciosn 2 years ago , when officer made decision as referral and why applicant wasn’t sent decision early, who will be responsible for this delay.
Or after lawsuit USCIS wil realize it.
Or if it goes to court my Lawyer will have explain to judge that in FOIA applicants saw the decision what was the reason to put applicant on hold for long time. Will this point will be help ful if case goes to court?
Sorry for long message.
Thankyou
I do not know the reason for the delay, but it may be that the supervisor has either not yet reviewed the case, or that the supervisor reviewed the case but disagrees with the officer’s assessment. I am not sure if it would help since you already tried other approaches, but given the info you have about the decision, it may be worth emailing the asylum office directly, stating that your FOIA shows a negative decision, and that you are inquiring about whether a decision will be issued in the case. You can find their email if you follow the link under Resources called Asylum Office Locator. This may be easier than filing a mandamus lawsuit and I do not know that the result will be any different. I do not think that getting a decision through mandamus would have a negative effect on the case if it is referred to court. The judge will make their own decision and would normally not care what decision the asylum officer made. Take care, Jason
Hi Jason. So when I got a copy of my I-589 through FOIA, I was surprised to see that the section for Date of Interview and Officer ID was empty. Why do you think the officer did not fill it out? Thanks
@ Surprised!!
When you revived FOIA copy of I589
Were there 2 copies of your application? Where officer didn’t write his id or interview date?
Thankyou.
It was sometime ago. I received only one copy and there was no date of interview or officer ID and the decision portion was also blank. It’s so weird.
Assuming the case was interviewed, I would expect that section to be completed, but maybe the officer did it somewhere else, or maybe the officer just forgot. I do not know. Take care, Jason
Yes, the FOIA was done few years after the interview and when I saw the copy of my asylum application in FOIA response, the interview date and officer ID section was surprisingly blank. How can the officer forget about it? Do you think it might have caused delay in the decision because that officer then left the office without giving a decision on my case?
Maybe that caused a delay, or maybe it means that the draft decision was never finalized. It could also be that the FOIA is incomplete or that that page was redacted (though I expect you could tell if that was the case). Take care, Jason
That page with interview date and officer ID section did not seem redacted.
You would be able to tell if it were redacted, so I am not sure what the issue is. My only thought is that it is not yet signed as it is still pending approval (or rejection) with the supervisor. Take care, Jason
Hi Jason,
I’m completing the form I-485 and need some clarity on a couple questions.
I came to the US on an F1 visa and filled for asylum within 1 year of my arrival while I was a student. My asylum application got approved this year; however, my F1 visa expired more than a year before I was granted asylum.
I’m not quite sure if I should say yes or no to the following questions: “Have you EVER violated the terms or conditions of your nonimmigrant status”? and “Have you been unlawfully present in the United States for more than one year in the aggregate?”
Thank you,
Bomaka
For the second question, it sounds like you filed for asylum while you were still in lawful F-1 status, so there is no unlawful presence and the answer would be “no.” The first question is less clear. Arguably, applying for asylum could violate the F-1 status. However, if it were my client, I would write “no” and circle the answer and write “See cover letter.” In the cover letter, I would explain that the person filed for asylum while in F-1 status. Take care, Jason
Hi Jason,
Thank you so much for helping all of us. We won our asylum case last year; it has been more than a year since we got our result. we filled out a green card/adjustment of status also. We are planning on moving to Virginia. We would like to know which center is better for a green card. Virginia or Chicago, regarding waiting time?thanks
I do not know that there is any difference, but if you move, make sure to change your address using your online USCIS account or form AR-11, available at http://www.uscis.gov. Take care, Jason
DearJason,
We applied for asylum in August 2022 and Got the Alien no in January 2023.
I have received a letter from USCIS that my file has been lost while they were dispatching it from TX to Arlington VA. I have sent that letter to ARLINGTON ASYLUM office in VA if the letter is genuine or fake.
Its been a week and I have not heard from them.
I do not know. You can email Arlington to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. I believe Arlington also still has walk-in hours on Thursday mornings, and so if they do not respond to email, you can go there in person to ask. Take care, Jason
Hi Jason,
I am stuck in the USCIS system waiting for affirmative asy interview for several years now. My family members want to visit me here in the US. They have no interest in staying here or anything. They are seniors, employed and have good reason to return. In fact, they must, return as they have their own life there. I remember reading here if they mention my name in the visa application, they are not getting a visa because of my pending status. I know they need to mention because the application form is asking for family info explicitly. I do not want to put them or myself in trouble, but I can not also say do not come see me here because they miss me and insist.
Is there a way to work this out? Thank you!
I have never said that if your family members mention you, they will not get a visa. If they are asked to name family members, they will have to name you. If they are not your spouse or child, your asylum case should have little effect on their applications. However, they will need to show that they will return to their country after the visit. So they can show evidence of jobs, property, other family members, etc. If they can do that, hopefully, they can get visas. Take care, Jason
Thank you for the reply, Jason. Indeed, you are correct it was not you saying, ” if your family members mention you, they will not get a visa”, it may be similar question in this blog or a comment somewhere else. That’s why I wanted to hear your legal opinion and your comment on how to proceed in this fragile situation. Thank you for your help, take care.
Hi Jason,
Can you please guide as to how do we change the home address information ( mailing address ) online with USCIS, whether it needs to be done through mail or otherwise ?
Thanks.
Use form AR-11 at http://www.uscis.gov. If you have a USCIS account, you can change the address online, which is best. You can also send the form in by mail, but that is less likely to work. Make sure you change your address for all pending forms. Take care, Jason
Hello Jason,
I have a pending asylum case in the court, I also turned in my I-130 and change of status application to USCIS in 2022, still haven’t heard anything regarding my I-130 application, it only shows received on the case status app, the judge asked me if USCIS had approved it, in July when I went to court, my work authorisation expires next month I turned in a renewal application it has been 30 day and courting I have not received my receipt number, I called USCIS they said they have not received it and that it could be in the mailbox and it has not been sorted, what can I do? My drivers license expires in a week. Please advise. Thank you
If you filed an I-130 based on marriage to a US citizen, it would normally not take that long. You can check processing times and make an inquiry at http://www.uscis.gov. If that does not help, you can try to inquire through the USCIS Ombudsman – there is a link under Resources. In terms of the work permit, receipts can take longer than that, and so I am not sure there is anything you can do. Maybe make sure that you mailed the form to the correct address. If you paid the fee by check, you can see whether USCIS took the money. Otherwise, I guess you can try to call again, but I might wait a week or two, as USCIS often moves slowly. Take care, Jason
Hello Jeson
My EAD expires with in 6 months from now , I wasn’t called for Asylum interview since 2018 , before i submit is EAD renewal request is there any change ?
Thank you
Make sure you use the most updated version of the form I-765 (available at http://www.uscis.gov) and double check the mailing address. Otherwise, it is the same. As long as you file before the current card expires, you will get the automatic extension. Also, if you want, you can file online if you have a USCIS account. Take care, Jason
Hi Jason,
I have a question, I applied for asylum, my case was referred to court, I was a dependant on my ex-husband’s case but now I have my independent case, I got married to a US citizen, I informed the Judge, he suggested I file form I-130, but I have not, due to money, my case in court has been taken off the calendar docket because the judge stated I have an option to get relief via my marriage to my husband, I applied for renewal of my work authorisation in November 2023, it has been 273 days they have not approved my work authorisation, could it be because I did not file for the form I-130?
I doubt the work permit delay is related to the I-130. However, sometimes, the judge will make you withdraw the asylum case if you are pursuing a marriage case, and if that happened, the work permit would be denied. A work permit renewal can easily take a year, and so it might just be normal delay. If you filed to renew the work permit before your old card expired, you would have a 540 day extension of the old card, so hopefully, you are ok for a while. Also, I think you need to get the I-130 filed as soon as possible, and you should do your best to get that done, as the judge may not be patient about that forever. Take care, Jason
Hi Jason,
I hope this message find you well and thank you for the opinions you share. I have a question and I wonder if you can help.
I was granted asylum and then obtained my green card in March 2021. After that I got married in June 2022.
When would I be eligible to apply for citizenship? Do I need to complete the five-year requirement as I got my permanent residency status through asylum, or can I apply after three years of the date of marriage regardless of the path to obtain the permanent residency? I tried to look this up on the USCIS website but could not get a clear answer.
Thank you in advance for your help.
Hi there Jason,
I have been an international alumni from a SUNY college upstate as of three years ago upon my graduation on May 2021. Quiet earlier before that when I was 14 y/o my father applied for an asylum and finally got the application granted last month. He immediately filed an i-730 form for my mother and us (his children who’re currently not located in the states)
My question here is if I could request a change of status if I come to the states using my visitors visa as it’s still active. That way I’ll get the papers quicker than waiting for it to be sent to our embassy here where I learned that there is a huge backlog to be called on time.
Kindly I will wait for your response.
As long as you were under 21 when he filed for asylum and you remain unmarried until you get asylum (and get the GC), you can file the I-730 and ask that it be processed in the US. It does not matter if you still have a lawful student status or other status, as long as you have not been ordered deported. Note that you do not get a work permit while you are waiting for the I-730 and the process is slow – 1 or 2 years, probably closer to 2 years. For this reason, you might try to keep your status so you can go to school or get a work visa or OPT. Take care, Jason
You can only do the 3-year thing if you get your GC based on marriage. The GC you got based on asylum should have been back-dated one year, and you can apply for citizenship 5 years after the date listed on the card. Also, know that you can mail the N-400 citizenship form up to 90 days before the 5-year anniversary (assuming of course that you meet all other requirements). Take care, Jason
Thank you, Jason. I truly appreciate your quick and detailed response. Very helpful!
Hello
My case is pending from 2017 in the Miami office. I got this email this week that made me very hopeful.
Application Type: 1589, APPLICATION FOR ASYLUM
Your Case Status: Testing and Interview
The next step in your application is an in-person interview. Once we have scheduled your interview, you will receive an interview notice.
My question to the community is, how soon after getting this email did you get scheduled for an interview.
Thank you 🙏🏽
I have not seen this email, but since about March 2024, they are interviewing old cases (this is called Track 2 and I wrote about it on June 26, 2024). In my area (Washington, DC), they are interviewing cases mostly from 2015, but maybe in Miami, they are interviewing cases from 2017. I would make sure you have all evidence and everything ready to go, so you are prepared if they send you a notice. Take care, Jason
My case has being pending in BIA since 2020 and last year l received an email ,that they want to remove the case in a dock l refused that, their have to make a decision on my case and also am TPS beneficial what will be the best option for me to adjust my status.
All this depends on many factors, including why your case was denied, how you last entered the US, what visas you qualify for. BIA cases normally take 2 to 4 years, and so you may get a decision soon. With that in mind, you might want to do a consult with a lawyer to go over the specifics of your situation and see what options are available. Take care, Jason
Hello,
You may want to get ready in case you received a short notice of less than 7 days as I did.
Was just granted last month after waiting for 7 years. But this same message you show have been on my status check for more than 5 years by the time I received interview notice.
Good luck and keep your faith high.
Hi Jason ,how much somebody who got asylum must pay for his green card application.the husband of my sister came last year and he want to apply for his green card .how much is the uscis fee ?
For adults (over 14 years old), the fee is $1440. You can apply for a fee waiver if you are eligible – take a look at form I-912, available at http://www.uscis.gov. Take care, Jason
Hey Jason ,we appreciate you for all what you do.
Can someone cancel or withdrawal a petition based on granted Asylum when the beneficiaries are outside the USA but and have already gone for the interview back in Africa.?
My daughter petitioned for her husband ,her step children and her biological son..to join her here ,but her and the husband have not been getting along due to a situation that happened a month ago..they have been having differences and not agreeing on anything..so my daughter feels like giving up and withdrawing the petition though they have already gone for an interview..
So can it be bring any problems on her side with the immigration ,she is waiting for her Greencard.
Advice please.
Thanks.
I am not quite sure how to do that, but maybe she can email the embassy and tell them that she wants to cancel the petition. She should be able to find the embassy website if she Googles “US Embassy” + the country, and that web page should have some contact info. Take care, Jason
Hi Jason,
I was granted my asylum in 2022, and applied my green card adjustment last year and unfortunately my green card didn’t come so my question is if my green card takes longer than this, what would be the date on the green card? B/c this will affect my eligibility for citizenship. Meaning, will I wait additional 5 years to be a US citizen or they will consider the gap it took them to send the green card?
thanks,
The GC is generally dated on the day it was approved. So you lose the wait time for purposes of naturalization. However, for people who get the GC based on asylum, the card should be back-dated one year, so you “only” have to wait 4 years to Naturalize, and – assuming you are otherwise eligible, you can mail the N-400 naturalization form 90 days before the 5-year anniversary listed on the card, so the total wait time will be about 3 year and 9 months after the date listed on the GC. Take care, Jason
Hi Jason,
Mine is based on asylum so if they approve it after 3-4 years of my adjustment application, they will back-date it only for 1 year? They will not consider the other years?
Thanks!
USCIS is supposed to back-date a GC based on asylum by one year. They do not give credit for any additional time you waited. Also, sometimes, they forget to back-date the card, though we have not seen that very recently. Take care, Jason
Hi Jason,
When an asylum application is referred to the court, does it become defensive then?
Yes, as it is your defense to being deported. You would normally also request Withholding of Removal and Torture Convention relief (and any other potential relief) in court. These are also defenses to being deported. Take care, Jason
I mean technically, is it considered defensive, even though it was affirmative before being referred by the asylum office?
It is being used as a defense to your being deported, so I would call it defensive. But I do not know that it makes any difference. You applied affirmative and were denied, and now you are in court. Your asylum case is now being used as a defense to deportation. Take care, Jason
Hi Jason,
Can I send a follow up email to the AO after my interview? It has been one month since I had my interview, and my WOM is still paused. Is it appropriate to inquire about my case status, even though my WOM is still open because we have to give sometime as per the WOM? If send email it affect my application negatively?
I do not know what WOM means, but you can follow up with an email – you can find their email address if you follow the link under Resources called Asylum Office Locator. For me, I would wait longer than 30 days (maybe 90 days), but that is up to you. I do not think a polite email would have any negative effect (though I do not think it will help either). Take care, Jason
Greeting Jason,
Under family follow up program being < 21 years age son (when the asylum applied) migrated to USA. But, as you know in the past few years, the process was a lengthy (it took about 7 solid years). So, in the meantime I used to have partner and got one baby boy. Now, after relocation to USA, my GC finalized, and I want to bring both of them. Please advise.
Once again thank you for your continuous support.
The Asylee
Sorry, I do not understand the question. If you are inside the US and trying to get a GC based on marriage to another person with a GC, there is a waiting period (Google “DOS visa bulletin” to see that). Also, the person who wants the GC would need to remain in the US legally until they are eligible to apply for the GC. Maybe talk to a lawyer about the specifics to see what you can do. Take care, Jason
Hi Jason,
Thank you for your response again. Let me carify my question , in short it was the following. What is the process for GC holder ( who lives in USA ) to apply for spouse and children( who live outside USA) to migrate to join me ?
regards
You would file an I-130 form for each person (assuming the children are unmarried). There is a wait time for GC holders to file for their relatives, and you can see that if you Google “DOS visa bulletin.” After the wait, the cases would be processed at the US consulate overseas and then your family members would come to the US. Take care, Jason
Hello Jason,
I always appreciate your good work here and the detailed unbiased response. May God continue to bless you and grant you more wisdom. Question goes thus…can a derivative (spouse) of a pending asylum applicant apply for EB3 Visa with a BSN (Nursing) degree here in the United States? And does waiver for accrued unlawful presence applies in this situation?
Assuming they are qualified for the EB3, the person can apply. Whether they can get the GC without leaving the US will depend on many factors, but if the person is a derivative, they do not accrue unlawful presence while the asylum application is pending. They may be eligible to adjust based on a law called INA 245(k) or maybe some other law, but in most cases, the person needs to leave the US to get a GC. You will have to have a lawyer look at the specifics and determine what is possible. I wrote about these issues on August 28, 2018 and September 6, 2018, but you would need to have a lawyer look at specifics to know for sure. Take care, Jason
Hi Jason,
Thanks for always helping me.
My husband who is a green card holder had applied for GC, EAD renewal and Travel doc for me and my daughter. USCIS status says EAD card issued.
Now please tell me how long it will take to get GC or GC interview?
Stay blessed always.
Hi Jason,
Thanks for always helping.
My husband who is a green card holder had applied for GC, EAD renewal and Travel doc for me and my daughter. USCIS status says EAD card issued.
Now please tell me How long it will take to get GC or GC interview?
Stay blessed always
Depending on your country, there may be a waiting period for the GC. You can see that if you Google “DOS visa bulletin”. Otherwise, the wait time to process a GC inside the US is usually 1 or 2 years. You can double check that if you look at the processing times under http://www.uscis.gov. Take care, Jason
We are in US since last 2-1/5 years.
I will definitely check the link.
Thanks for replying.
Hi Jason,
When re-entering USA not from a country of prosecutions with a recently issued green card (approved asylum case,), will the boarder officers have information about the type of the case and its specifics ? Is not it fully confidential?
Thank you in advance
I expect they will have that information. I have had clients do this, but if you do, you should be prepared to explain why you went to that country and how you stayed safe, just in case you are asked. I wrote more about this issue on January 6, 2016. Take care, Jason
Hi jason,I applied i-485 form on july, On August 6,they request a copy of birth certificate again,
On i-485 form, I wrote a different mother name to the one on my birth certificate,Do you think this is why the asked me RFE,and what to attach to prove my mother changed her name.thanks Tc Jason
Hi jason,I applied i-485 form on july, On August 6,they request a copy of birth certificate again,
On i-485 form, I wrote a different mother name to the one on my birth certificate,Do you think this is why the asked me RFE,and what to attach to prove my mother changed her name.thanks Tc Jason
You will need to get the RFE to know, but it could certainly be related to that. Even if it is not, you may want to provide an explanation about the difference, as they may discover it later. Take care, Jason
Hey Jason and thank you for all what you do.
My friend’s asylum was granted in 2021 and she applied for the GC last year so she has been waiting for 1 year and 6 months.
So she petitioned for her husband ,her daughter and her step children last year in September ,they went for an interview at a uscis office back ,so something serious has happened between her and her husband which has made her think of canceling the petition..so which impact will it bring on her pending for 1-485 and how does that work if she comes to a conclusion of taking out her husband and his children from this case..
Please advise..
It would have no effect on the I-485. I am not quite sure how she would cancel the petition , as it depends on the stage of the case. However, she should be aware that if she cancels it, she will likely not be able to change her mind. It is only possible to file an I-730 during the two years following an asylum grant, meaning the time to file the I-730 is passed (there is an exception to this rule, but I highly doubt that would apply here). So if she cancels the I-730 and later changes her mind, she would need to wait until she has a GC and then file for the husband and his children based on her GC, which is much slower and maybe not be available, depending on the ages of the children. So I guess she should make sure that this is the decision she wants to make before taking action. Take care, Jason
Hello Jason,
I was just granted asylum last month and today I received a jury service notice, that summoned me to serve as a Petit Juror next month for 1 week.
1. Do asylee serve as Jury, as i know only citizen can do.
2. What should I do in this case, couple of years ago I received something similar but it was a big envelope and they have places to indicate that you are not citizen if you could not participate. This one I just got is a small green card.
Maybe there are local rules about this, but as far as I know, only US citizens serve on juries. I would contact the jury office and inform them of your status, or if you cannot reach them, go to the jury service that day and show them your status. I would expect they will dismiss you, but maybe there is a local rule and non-citizens can serve on the jury (though this seems very doubtful to me). Take care, Jason
Hi Jason,
One of my friend case with IJ, waiting for individual hearing, they are worrying if Judge dismissed their case they will be deporting right, what are the options they have options they have 2 kids US citizens, they are very small and going to school.
Its is really stressful for them especially with kids future, they are not in danger and their kids also will be in danger if they return to home country.
Usually, the asylum seeker has a choice about whether they want the case dismissed, though sometimes, the judge can make that decision. If the case is dismissed, the person will not be deported, but they will not have any status in the US either. They can re-apply for asylum at the asylum office (check the I-589 instructions at http://www.uscis.gov, as they may need to file at the Asylum Vetting Center in Atlanta, GA) or seek some other relief. If the person has US citizen children, maybe they are eligible for Cancellation of Removal – if they have been in the US for 10+ years before the court case began (though there are some exceptions to this rule), they have good moral character, and their US citizen children (or certain other close relatives) will suffer extreme hardship if they are deported. Your friend would want to discuss all this with a lawyer to see the best options or if the lawyer has any other ideas for the case. Take care, Jason
Hi Jason, I applied i-485 form, I wrote the different mother name on form and my birth certificate has different mother name ,Should I get more evidence or just leave like that,thanks,tc
If there is something inconsistent, you should explain that, and if you have evidence about it, that is better. I do not know the reason for the difference, but USCIS may suspect it is related to fraud (since they seem to think that any discrepancy is related to fraud) and so you would be better off providing an explanation and evidence with your application, rather than waiting for them to discover the issue and ask you about it. Take care, Jason
Hi jason,
Just read the news about New International Enterpreanur Parole Program 2024 that will effective on October 1st 2024, do you think bussiness owner with pending asylee status owned bussiness for 10years and most of requirements from uscis to apply the program are fit with them are allow to apply ? As we read uscis mention about parole base on case by case basis, if somehow uscis denied the parole do you think that person still continue with their pending asylee status?
Thank you very much.
I think a pending asylee could potentially benefit from this rule. I think the main benefit would be that it would allow the asylee to more easily travel outside the US and return and more easily obtain some other status, such as an H1b visa or a green card based on employment (in some cases, people could do this without parole). The person could also continue the asylum case. Whether it benefits are particular asylee will be very case specific, and so if you think you will benefit, you should talk to a lawyer about your specific situation to see whether and how this program can help. Take care, Jason
Hi Jason
Once interview is completed how long does it take to change the case Status from scheduled to decision pending?
Still showing scheduled that means Are they gonna call for another interview?
If this is for an asylum interview, there is no time frame. Sometimes it takes days; other times months or even years. I did a post on June 2, 2021 discussing ideas for getting a decision post-interview and maybe that would help. Take care, Jason
Hey jason
My name is subhan. I an from india and i am muslim here the conflict between two religions are very bad one of my friend was killed 1 month ago and the accused are still not in jail because of their political connection still there is no judgement of his case and i am in also fear that one day i ll be killed like my friend i want to leave this country i have a us visitor visa
Can i get asylum ?
I want assylm
Can you tell me how to do assylm process
Take a look at form I-589, available at http://www.uscis.gov. That web page has a lot of info about the asylum process. Take care, Jason
It is possible to get asylum based on religious persecution in India, but it is not easy. You have to show that you cannot relocate to another part of the country. This can be difficult, given that there are millions of Muslims living in India. You also have to show that the government is unable or unwilling to protect you. If you have actually been threatened or harmed, that may make the case stronger. You can talk to a lawyer about specifics to evaluate your case. Take care, Jason
asylum got approved an year ago after a week I applied for red ,gc,adn a work permit renewal but never received any of em my work permit is expired now, how long the national benefit takes to approve i485? and the rest of other applications they send it to Nebraska for spedup and Nebraska is super slow taking forever what should I do now? and once again how long national benefit center takes to approve i485?
You can look up processing times at http://www.uscis.gov. We are seeing GC applications based on asylum take 1 to 2 years. In terms of the work permit, you are not supposed to renew the asylum-pending work permit after asylum is granted. You should file for a new work permit based on asylum granted (category a-5). This is free and is usually pretty fast. If you won at the asylum office, this should have happened automatically. However, if you won in court, you should Google “post order instructions in immigration court” and follow those, or just file for a new work permit (not a renewal) using form I-765, based on category a-5. Finally, a person who won asylum is allowed to work even without a work permit (see http://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees), though it certainly makes life easier if you have the permit. Take care, Jason
Hello Jason,
Can a derivative (spouse) of a pending asylum application who is from a non-persecution country (the carribean) travel back home with her US Citizen child to visit her hailing father who wants to see his grandchild before passing way? (Note: Dependant spouse has accrued an unlawful presence of about 7yrs before approval as a dependant of the pending asylum application).
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,
Does renewing your home country passport before the interview make the AO think negatively about your case?
Do we need to submit both the passports (new and old) on interview day? what kind of questions we can expect from AO on passport renewal?
If the applicant fears persecution from the government, renewing the passport could have a negative effect. You would need to explain why you renewed the passport and why a government that seeks to persecute you would be willing to renew your passport. In many cases, this can be explained (maybe the embassy that renews the passport is not aware that the government seeks to harm you). Also, of course, if you fear non-state actors, such as terrorists, then renewing the passport should not really be an issue. At the interview, you are supposed to show them all passports. Take care, Jason
Sorry forgot to mention, Renewed passport was not main applicants passport, it is dependent’s passport.
do you think still this is going to be a issue?
I think it is unlikely to have an effect. However, if the passport is from the country where the principal fears persecution, and if the asylum case indicates the who family, including the dependent, are targets of the government, you should be prepared to explain why you got a new passport and why the government was willing to give you a new passport. Again, I think this is unlikely, but it does not hurt to think about it in advance and be prepared. Take care, Jason
Hello Jason,
Can a derivative (spouse) of a pending asylum application who is from a non-persecution country (the carribean) travel back home with her US Citizen child to visit her hailing father who wants to see his grandchild before passing way? (Note: Dependant spouse has accrued an unlawful presence of about 7yrs before approval as a dependant of the pending asylum application).
Hello Mr Jason,
I hope you’re doing well. I have some questions please. Can a 16 and a 15 year old travel with a 18 year old with a letter saying the the 18 year old one is the adult accompany them?
Next question: What do you suggest me to do in this case? Three people were granted the travel Authorization under the humanitarian parole, in the latest news they received a note saying travel not authorized, but I received an email letting me know that they have taken a new decision on their cases and when I verify I saw that they updated the Travel authorization again, saying that they are authorized to travel. I am confused. What do you think we can do please?
Thank you
I do not really understand your questions, sorry. I do not know about whether a 15 or 16 year old can travel with an 18 year old. I might ask the airline about that. In terms of the travel document, there are many types of travel documents, depending on your status in the US. In general, if you have a valid travel document, you can return to the US. Whether the document is used instead of a passport or whether a particular country will accept that document depends on the type of travel document and the country. I would check with the country embassy about the travel document, and maybe talk to a lawyer about the specifics, as you do not want to buy plane tickets and then not be able to travel, or worse, get stuck outside the US. Take care, Jason
Hi Jason,
Thank you so much for helping us.
When I submitted my evidence along with the I-589, I made a mistake with the month of the incident. The year and date are correct.
for example: I mistakenly wrote January 10th, 2020, instead of the actual date, February 10th, 2020.
Do you think this will be an issue, my interview got scheduled? My written statement shows the correct date, only on the evidence page I have written wrong month. Please advise me.
At the interview, you can submit updates and corrections about your case. I wrote about that on July 6, 2022. When you submit those, you can include a sentence about this error. I think it will not be a problem, but it is better that you tell them at the beginning of the interview, rather than wait for them to ask you about it. Take care, Jason
Hi Jason,
I’m an A7 status(derivative or dependent)green card holder and planning to travel internationally soon (not to the country of prosecution) with a child… will I be asked any questions when at the boarder when leaving or entering US back?
Or as long as this is not the country of prosecution, it should be ok ?
Thanks in advance….
The travel should be fine, and I doubt you will be asked much when you return. I guess if you are asked about (for example) using the country’s passport, you can explain that you are a derivative. If the principal’s asylum case said that you were at risk, I suppose you should be prepared to explain why you used the passport. I think all this is very unlikely, but it does not hurt to think about it so you are able to more easily answer any questions. Take care, Jason
Sequel to the questions I had asked earlier, can I file for a green card for him as a green card holder?
As long as he is unmarried, you can file for him, but since he is an adult, there is a long wait (Google “DOS visa bulletin” to see that). Also, he would likely need to leave the US to get the GC, but you would need to talk to a lawyer about specifics to see if there might be a way for him to get the GC inside the US or if there are other options. Take care, Jason
Hello Jason,
I just got approved for my marriage based green card. I had applied for asylum when my son was not yet 21. Now he’s 27 and has a good job. Would I have to revoke the asylum case? If I do will it affect him? Or should I still leave the asylum case pending to keep him in status?
You do not need to withdraw the asylum case. You can keep it going, so that if you win, you can give asylum to your son. However, given the slow processing time, it may be that you are a US citizen before you get an asylum interview. You can certainly choose to not apply for citizenship, but if you become a US citizen, the asylum case will end. Maybe your son should look for alternatives. For example, he can apply for asylum himself (since he is your dependent, the one-year asylum bar should not apply). Maybe he wants to talk to a lawyer to review his options. Take care, Jason
Greeting Jason,
How long it will take to get the actual green card after I-485 case approved?
Thank you for your usual continuous support.
The Asylee
Mine took about one week to arrive if that would help…..
Once the I-485 is approved, you should get the GC very quickly – maybe a few days or weeks at the most. Take care, Jason
Good morning, Counsel,
Our office has several cases where an NTA has been issued to the Respondent, but the Court does not yet have jurisdiction because DHS has not served it on the Court. We have submitted the I-589 directly to USCIS, but the applications have been returned due to there being an NTA. Theses cases have been sitting in limbo for several years now because neither the Court nor USCIS accepts jurisdiction.
I was wondering if you have had any similar scenario and if so, what would be the best route to take in this situation.
Your response will be very helpful.
Thank you
Betty Toledo, Paralegal for
Juan C. Blanco Esq.
I have not seen that and it makes me worry about the one-year filing bar. We do have cases like that, but we have always filed affirmatively and (so far), USCIS has always accepted those filings. I guess you could also Google “pre order instructions in immigration court” and follow those. At least you would get a receipt, though I think it would not help in terms of a work permit. In many of those cases, once USCIS realizes that there is an NTA, they send the case to court (without an interview), but that often takes a long time. I guess you can also try contacting DHS Office of the Chief Counsel (there is a link under Resources) to ask them about filing the NTA. Take care, Jason
Hi Jason,
It has been 14 months since my I-485 has been pending with USCIS. The recent update I have received from an agent is that my case was transferred on June 25 and is being processing at Yakima FO, WA although I am on east coast side. I do not have any RFE pending since I submitted everything with application.
Should I expect a response soon? Is there anything I can do to get it approved sooner? Like many other applicants I need my GC.
Thank you very much for your help.
Regards,
Tay
We see most cases take 1 to 2 years, and so this does not seem unusual. I wrote about expediting in general on January 29, 2020 and maybe you want to try to expedite. Otherwise, I would expect an interview or decision relatively soon, though it could be several more months. Take care, Jason