Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hello Jason,
Happy new year! I have a couple of questions regarding Form N-400. My green card was based on asylum grant 5 years ago.
For the question on “Have you ever been arrested, cited, detained …” (15.a and 15.b) doe we need to answer ‘Yes’ if it’s for speeding ticket, tolls etc that is neither DUI or speeding that led to an accident?
In the Evidence section there is a request for arrest report and official statement from the arresting agency confirming that no charges were files. I have been detained in my home country due to my political activities but there’s no way that I could get an arrest report or official statement. How should I approach this request?
Kind Regards
Andy
For traffic tickets, unless they are considered criminal, you can answer “no”. If you are not sure, circle the question, write “see cover letter,” and provide an explanation in the cover letter, or if you file online, provide an explanation in the supplemental part of the form, and then include any relevant documents. The most important thing is that USCIS cannot accuse you of trying to hide the incident. For political arrests, we provide an explanation and indicate that the arrest was discussed in the asylum case. I guess you can also state that the arresting authority did not provide any documentation about the arrest since it was (presumably) an illegal arrest. Take care, Jason
Do CBP officers at airports have sufficient knowledge of individual asylum cases? I am a Legal Permanent Resident (LPR) through asylum and have traveled multiple times using my Green Card and passport. My experiences with CBP officers upon returning have varied. Sometimes they ask just a couple of questions and let me go; other times, they refer me to secondary inspection.
Recently, during a secondary inspection, the officer repeatedly mentioned my “asylum” in a vague manner. I felt that the officer lacked a clear understanding of my case and was using indirect questions to try to manipulate me. My case is long and complicated, and I wonder how much I am expected to discuss with a CBP officer, especially when the officer doesn’t seem interested in my answers and keeps interrupting with more questions before I can finish.
In the past, when I returned with an RTD, it didn’t make much of a difference. In fact, officers tend to ask more questions about my “asylum” when they see an RTD. I’m not sure whether officers are simply curious or if they view LPRs through asylum, or those returning with an RTD, with suspicion.
What bothers me the most is when officers allude to my asylum history as if it were a past crime. They keep using vague hints, which feels uncomfortable. I have no problem discussing my travel or trips with CBP officers, but I do not appreciate the constant references to my asylum. It’s a painful experience for me, and I don’t believe it should be the focus of every encounter at the airport. Not everything in my life revolves around my asylum case, and I wish officers would treat it with the sensitivity it deserves.
I think you describe what I have heard from other people as well. My sense is that they do not have specifics about the asylum case, though I am not certain. However, whatever you say to them could potentially be recorded and, later, compared with your asylum case. I do think it is very rare for an encounter at the airport to result in an effort to challenge a prior asylum decision. Whether that will change under Trump, I do not know, but it did not seem to be a problem under the first Trump administration. Hopefully, you can get your US citizenship soon, and resolve this problem once and for all. Take care, Jason
Hi Sir,
I am a political asylee AS6 but I want to travel to the third country. Can I get an issue if I use my home country passport with my GC? If not I read some of your comments and you said some you need to be prepare in case the officer ask you some questions about using your home country passport. So please can you tell me which kinds response we can give in case. Because I applied for RTD but it takes time and when I check my case status they said: CASE WAS UPDATED TO SHOW FINGERPRINTS WERE TAKEN. Thanks to advice.
I wrote about this issue on May 25, 2022 and maybe that post would help. Generally, it is better to use the RTD if you can get it, especially if you fear harm from your home government. In that case, if you travel with the passport, you should be prepared to explain why you used a passport from a country that seeks to persecute you. If you fear non-state actors, such as terrorists, it is easier to explain this. In either case, it is usually less of a problem for dependents than principals. Given that the incoming administration will be very hostile towards non-citizens, I do think it is best to use the RTD if at all possible. You can try to expedite that application – I wrote about expediting in general on January 29, 2020. Take care, Jason
Hello Jason,
I am a green card holder through asylum, and my company plans to send me to Japan(which is not my COP) for a two-year training program. I intend to apply for a re-entry permit and have a few questions I’d greatly appreciate your help with:
1. If I stay in Japan for more than a year, will it affect my eligibility for U.S. citizenship? Do I need to return to the U.S. every six months and stay for at least a week?
2. For the re-entry permit application (Form I-131), can I use my friend’s address as the mailing address?
1 – I believe an absence of 6 months or longer could constitute a break in residency for purposes of naturalizing, and this may re-start the clock. Meaning that once you return, you would have to wait another 5 years before you could file to naturalize. There are exceptions to this rule (see for example form N-470, available at http://www.uscis.gov), or you could try to return to the US more frequently during this 2 year period in order to maintain eligibility. I am not certain about the exact rule, and so you might want to consult with a lawyer to go over the specifics and craft a plan to keep your eligibility to naturalize. 2 – That should be fine, though I am not sure about the exact rules for getting it from your friend – whether the friend is legally allowed to mail it to you or deliver it, or whether you need to get it yourself when you are back in the US. I believe there is also an option to have that delivered to the US embassy in Japan, but you have to check the I-131 form (which has just been revised to make it even more annoying). Take care, Jason
Compliment of the season to you. I want to appreciate you for all you are doing. God bless you sir. My self and my wife applied for asylum in the year 2016 and since then we have been waiting to be called for interview. Last year 2024 they called my wife for interview and I was added under my wife’s application, 2 months after the interview it was approved (Glory to God). I checked the status of my own case and it still says “Next step is an Interview” which brings me to my question.
1. Do I need to do anything in regards of my own case
2. If yes, what do I need to do
Thank you sir for guiding us through this process
If you have derivative asylee status based on your wife, it would be best to withdraw your own case. The only reasons to not do that would be if you have dependent children that cannot benefit from your wife’s approval (so a child who was from a prior relationship and who was too old to benefit from her case at the time you became her dependent) or if you think the marriage may end (and even then, this may not much matter). Aside from those situations, there is probably no benefit to continuing your own case and you can withdraw it. I wrote about that on December 7, 2022. Take care, Jason
Hello Jadon,
Hope you are having a great holiday season with family.
When you are granted asylum by immigration office you have one year deadline to file for your dependent back home to come in.
Now that six months has passed and you become eligible to file for GC based asylum granted;
Are you dependent still eligible to file the i730 regardless provided the window deadline is still on or will it be i130?
Thanks.
Sorry for typo on your name, please read Jason instead of jadon. Thank you
You actually have 2 years from the date you win asylum to file for dependents using I-730. Whether you apply for a GC or get the GC has no effect on this. For the most part, it will be fast to do the I-730 than to wait to get a GC and then file form I-130. When they arrive here, your dependents will have asylum status, and be aware that if you become a US citizen before your dependents get their green cards, it will cause significant delay for them to get their own green cards, so it is best for the principal not to apply for US citizenship until the dependents have their GCs. Take care, Jason
During the first Trump administration, we saw the issuance of the first travel ban that initially prohibited entry from citizens of several countries. This ban was revised multiple times due to various court rulings, eventually resulting in the “Travel Ban 3.0,” which remained in effect until the end of Trump’s first term. Travel Ban 3.0 was more flexible than its predecessors, offering reasonable exemptions such as allowing green card holders, individuals granted asylum, and refugees already admitted to the U.S. to enter, even if they were from the banned countries.
If a new travel ban were to be issued, how might it look? Would it be as broad as the original ban, or would it be more flexible like Travel Ban 3.0? As for the countries potentially affected, it’s speculated that the ban could target the same seven predominantly Muslim countries, with the possibility of adding Palestinians and Lebanese. Additionally, countries like Afghanistan, North Korea, Iran, Venezuela, Haiti, Eritrea, Kyrgyzstan, Nigeria, Myanmar, Sudan, Tanzania might also be included. If anything, the list of countries might be longer.
I expect there will be a travel ban and I expect it will come very quickly. What countries will be covered, how it will look, and whether it will be affected by court rulings, I do not know. I do think anyone who is not a US citizen and who is from a potentially banned country should not be outside the US after January 19, 2025. Once we know better how the ban will look, then people can start making informed decisions about travel. Take care, Jason
Dear Jason thank you for this blog I wish you a marry Christmas and happy new year
I just got my asylum case granted on first of November before Chicago Immigration Court. My question is my EAD will be expire on March 2025 under of course C8 category , I have to renewal EAD under A5 category as far as I know .Do I have to pay the processing fee or it will be free for the first time under this Category A5? My other question is do I have yo wait one year to apply for green card or I can apply before as far as the process will take time. Thank you
Dear Jason thank you for this blog I marry Christmas and happy new year
I just get asylum granted first of November before Chicago Immigration Court. My question is my EAD will be expire on March 2025 under of course C8 category , do the new EAD will be under A5 category as far as I know .Do Ai have to may the processing fee or it will be free for the first time under Category A5? My other question is do I have yo wait one year to apply for green card or I can apply before as far as the process will take time. Thank you
Thank you – Merry Christmas and Happy New Year to you too. You should automatically get the first EAD. It normally takes about 45 days, but if you do not receive it, you can apply for a new EAD based on asylum granted, category a-5. This is a new application (not a renewal) and the first a-5 EAD is free. In terms of applying for the GC, you no longer have to wait one year – most lawyers, including me, recommend that you wait 6 months. I explain the reasoning in a post dated February 6, 2023. Trump may change this rule, so you should pay attention to that before you apply. Take care, Jason
Dear Jason,
Please accept my apologies for posting the message twice.
I hope you had a wonderful Christmas! I and my family are currently in F1 & F2 visa status. I, as an F1 visa holder, graduated from the university with an MA and am working in OPT status (one year). I want to extend the job offer for more years; however, I have no information on the employment-based petitions (H1B) lottery system. Which organizations may qualify as a cap-exempt employer with the new definition of the final rule, and which organizations put in a lottery system? Which procedures and ways would you advise me to secure a job extension?
Kindly forward your considerable advice on safe ways and reliable procedures.
Best regards,
I do not do business immigration, and so this is not something I know much about. However, if you have an MA, there are additional visas available for you, and hopefully, you would be able to get a visa without needing to go through the H1b lottery. I would talk to a lawyer who does H1b cases to know the best approach, though if you have an employer who wants to hire you, the employer should assist with that. Take care, Jason
Hello Jeson
Thank you for what you do . I came to the US in 2017 with B2-Visa and applied Asylum still no initial interview
i renewed my EAD for the 3rd time and got notice of renewal this this month my EAD expires on April 2025 .
what is the impact of delayed interview ?
What happens if i move to Canada though New York the delay is frustrating and i don’t have passport ..will there be any possibility of faster hearing In Canada will it impact my Asylum in US?
Will i be eligible for EAD auto extension till when ?
Thank you !
Ben
There is no impact of the delayed interview, as that is happening to the large majority of cases (currently, there are well over 1.5 million pending cases at the asylum office). The new work permit should be valid for 5 years. In terms of Canada, there is a “Safe Third Country” agreement that basically says you have to seek asylum in the US if you arrived in the US first, and you cannot then seek asylum in Canada. You have to be careful about this, as I have seen cases where the person tried to go from the US to Canada, got kicked out, and was then detained in the US. There are exceptions to the rule, and so the best bet if you want to go to Canada is to talk to a lawyer there before you try to go, so you will know your options and hopefully avoid any risk of being kicked back to the US or detained. Take care, Jason
Hello sir Jason.
Thankyou for your help and offering free assistance.
My question is My friend Got B2 visa and in his visa application he lied as there was no option left with him to save the life of his family. He did and followed what visa agent asked him to do.
Now he came to Us and applied asylum. His interview is sooner in January.
If AO officer ask him how did he get visa? Should he tell him the truth? Which I am sure he will..
What the specific words for apologies will suitable able after telling the truth.
Should he say Yes, sir I told lie and “I am guilty about it”? should haven’t done this but to save my family there was No Way. What is best word for asking apologies in this context.
Thankyou.
Hi Jason,
Hope you had a good christmas.
Does immigration access your credit history from credit reporting agencies, such that if you had a derogatory account status in your credit listing due to unpaid debt, then later you pay the debt, but the status changes to paid, though the information still remain on your credit report,
Can this affect your adjustment of status to LPR or even citizen?
Also, if the creditor went to pursue the debt in court and had your account frozen before you paid the debt, can that affect immigration benefits?
Thank you.
If you are an asylee, this is not relevant, as asylees are not subject to the public charge rules. If you are getting a GC most other ways (job, family), you would need to show that you will not become a “public charge.” The new Administration will likely be strongly enforcing this rule. That said, I am not sure that they actually check credit history, but they do ask many questions and require evidence about your financial situation – I do not remember all the questions, but if you look at form I-485 (available at http://www.uscis.gov), Part 8 questions 60 to 70 (or thereabouts), you will see what info they need. Take care, Jason
It is definitely better to tell the truth, as the US government will likely know he lied and so it cannot be covered up. If they think he is lying now about his visa, that would almost certainly cause his application to be denied. There is a case called Matter of Pula that basically says if a person lied to get a visa because they were fleeing for their life or they feared persecution, that does not block the person from asylum. So in this case, it sounds like he needed to leave the country to save his and his family’s lives. He can explain that and also explain that he was following the visa agent (though this is not an excuse, it is partly an explanation, and he needs to take responsibility for his own actions and cannot simply blame the agent). Basically, he can apologize for lying but explain that he did not know what else to do given the danger he faced. There is no guarantee that this would work, and he may want to talk to a lawyer about his specific situation, but in general, under Matter of Pula, lying on the visa application to escape persecution would not be a reason to deny asylum. Take care, Jason
Hi Jason, I am a Legal Permanent Resident (LPR) granted through asylum, and I travelled multiple times lately using my green card and my country’s passport. I’ve traveled several times this year, and my encounters with CBP have generally been positive and smooth. However, during my most recent trip, I was sent to secondary inspection. The officer there reviewed my travel history and asked about various aspects of my trips. She also asked about my family. She raised several questions regarding my asylum. It was a bit confusing, and I wasn’t sure what exactly she was looking for.
When I asked why I was stopped, the officer explained that it was for my own safety. She said they wanted to ensure there were no aggressive encounters during my travels and that no one was threatening me, given the nature of my asylum in the U.S. She also mentioned that they were gathering information about any civil or security issues in the countries I had visited, like an intel collection. This was confusing to me. Does this happen often?
I think the explanation she is giving you is false. These officers often lie, as they are looking to get information from you, and they want to get that as easily and with as little resistance as possible. I did a post about traveling with your passport on May 25, 2022 and maybe that is worth a look, but the next Administration is going to be tougher, and this seems to be an issue for you. I would not travel again without the Refugee Travel Document (form I-131, available at http://www.uscs.gov) or until you are a US citizen. Take care, Jason
Indeed, her reasons were not convincing. She asked if I had visited my home country since moving to the US, to which I replied no. Based on my past trips, she seemed to realize that I see my family in other countries within the region. I wonder whether her questioning was driven by what they wanted to know or by genuine curiosity about me—being a Middle Eastern man who has recently traveled to countries in Asia, Europe, the Middle East, and South America.
As for using my passport, I have no other choice. Traveling with the RTD was more difficult, and CBP would stop me every time I returned with it. My experience with my country passport has been better; I’ve only been subjected to secondary inspection once this year. I read your article about using a the country passport, and I believe I have valid reasons for doing so. What is the worst that can happen when travelling with the country passport? I have a sick family members and I want to be able to see my family outside my home country. Im willing to take the risk of secondary inspection although it make me sad to feel targeted because of my previous asylum status and my origin.
I think you just do your best, and it sounds like you are. The RTD is – unfortunately – not great, and so many people have no choice but to use the passport. I think the very worst case is that they accuse you of fraud and claim that your asylum case was not true based on the fact that you used your passport. I think that is unlikely, even under the Trump Administration, but I do think you need to keep your eye out for travel bans, and also make sure you have a copy of your asylum case, so if you are ever challenged, you can have some evidence to respond. Also, of course, if you can become a US citizen, this problem should basically go away. Take care, Jason
Hi Jason,
I hope you had a wonderful Christmas! I and my family are currently in F1 & F2 visa status. I, as an F1 visa holder, graduated from the university with an MA and am working in OPT status (one year). I want to extend the job offer for more years; however, I have no information on the employment-based petitions (H1B) lottery system. Which organizations may qualify as a cap-exempt employer with the new definition of the final rule, and which organizations put in a lottery system? Which procedures and ways would you advise me to secure a job extension?Kindly forward your considerable advice on safe ways and reliable procedures.
Best regards,
I do not do business immigration, and so this is not something I know much about. However, if you have an MA, there are additional visas available for you, and hopefully, you would be able to get a visa without needing to go through the H1b lottery. I would talk to a lawyer who does H1b cases to know the best approach, though if you have an employer who wants to hire you, the employer should assist with that. Take care, Jason
Dear Jason,
I would like to express my deepest appreciation for your prompt reply, sound professional explanation and kind support. My current employer is positive about extending my job contract to more years; however, they have no clear information on the lottery system. As an F1 visa student at the OPT level (an art student), I am eligible for only one year. My work permit will expire in May 2025. I heard that there are some institutions that may qualify as a cap-exempt employer with the new definition of the final rule but I don’t know which institutions are exempted.
Kindly talk to lawyers who do H-1B cases to know more about the best approaches or procedures.
Sincere thanks,
Tirullo
Maybe your school can assist with this – they should have a list of immigration lawyers who assist international students. I do not know a lawyer who does such cases, but maybe the school knows someone who can assist. Take care, Jason
Hello Jason.
I’m a Derivative asylee. I’m from a different country than my wife. I now hold a permanent resident card. Am I allow to go back to my country? This is a different country than the country my wife got the asylum from.
Also My wife wants to visit my country aswell, can she go there without any problem? My wife holds also my countries nationality but she holds the passport of the country she asked asylum from.
In terms of you, there should be no problem. You should just be prepared to explain that if you are asked. In terms of your wife, as long as the asylum office knew about her nationality in your country, she should be ok. But remember that if an asylee obtains status to live in a third country, she could lose her asylum status. If she has a GC, she should be ok. Finally, in terms of travel, it is best for her to use the Refugee Travel Documents, form I-131, available at http://www.uscis.gov. Take care, Jason
Thank you Jason for this answer. I forgot to mention one detail.
I myself also applied for asylum back in 2014 and was in removal proceedings. Once i became eligible for derrivative asylee through my wife. The judge was able to dismiss my case without prejudice. Now i think things have calm down in my country and i know i can go back.
If you ever had an asylum case, I would be careful about returning to the home country, especially once Trump is in charge. I wrote about this issue on January 6, 2016 and maybe that would give you some ideas. Take care, Jason
Merry Christmas Jackson,
Thank you for the good advise you offee us freely.May God bless the work of your hands.
My question is, does H1B premium processing includes weekends and public holidays, such as today Christmas day, and tommorow the 26th Dec and 1st Jan.
Also, when my petition gets approved, can i find an earliest interview date at the U.S embassy, like in the next two days, without requesting for expedited appointment,unlike the b visas that take months to find a slot?
Thank you!!
I am not doing business cases, and so these are not issues I know about, sorry. However, premium processing does not guarantee a decision, only a response, and in some cases, the response is a request for additional evidence. Also, unless you have a cap-exempt H1b, my understanding is that the soonest you can apply for the H1b is April 1, and the visa is not actually available until October 1. If the H1b is not subject to the visa cap, this should not be an issue, but you may want to talk to a lawyer who does such cases to get a better sense of how the process will work. Though I guess not today, as it is a holiday. Merry Christmas, Jason
Hi, I have a quick question about adjusting status. I currently have F1 status and TPS both, but my F1 will expire soon. Is it possible to adjust status from TPS to F1 without leaving the US if I pursue my Masters in the fall?
I think so, but I am not sure. You should be able to attend school based on the TPS work permit. Also, if your F-1 is valid through May and you start the new school in August, you should be able to maintain F-1 status during summer and then attend school in the fall as an F-1. Normally, the schools know about these things, and so you may want to ask them to be sure, or maybe they can refer you to a lawyer who knows about such cases. Take care, Jason
Hi Jason, two years ago I ran into a small misdemeanor problem with the police and the case was dismissed with nolle prosequi but not taken by police, arrested or fingerprint were taken, I have received my interview schedule for middle of January, does this affect my asylum decision? Do I have to mention it on the interview since there is no conviction. Thank you!
You need to mention it – if you fail to mention it, they will likely know anyway, and if they think you are trying to hide it, it could have a negative effect on your case. You should also bring a copy of the “disposition” (final outcome) of the case, so you can show them it was dismissed. Given that it was dismissed, there should be no effect on your asylum case. Take care, Jason
Hi Jason, your blog has been my Sunday morning reading for a long time…thank you for your support! I’ve been waiting for my interview and finally did it on 6 months ago but still hasn’t received my decision yet, when I read this question I’ve a case similar to it, when I run into similar problem my case was also dismissed but during my interview the officer was asking me from my asylum application form and i mentioned the reason I was arrested back home with political reasons but I was not asked about the us issue and I also forgot to mention it, does this be the reason for my decision delay? Does it have any impact since there was no conviction? Can I go there again to adjust it before they make my decision? Thank you and have a happy holidays!
I am not sure I understand the question, but it sounds like you had an arrest in the US, no conviction, and you did not tell the asylum office about this. If so, I think you need to tell them and explain why you failed to mention it. I would not say that they didn’t ask you, as it won’t look good to blame them, and the asylum “bar” questions are very broad (and very confusing) and so they probably did ask, but you may not have understood the question. Instead, you can say that you did not understand any question that wanted this information, and also that you did not think it was important since there was no conviction. You can also apologize for not mentioning it, and include a copy of the “disposition” (final outcome) of the case. I would email all that to the asylum office that did the interview – you can find their email if you follow the link under Resources called Asylum Office Locator. While an arrest with no conviction should not affect an asylum case, if they think you tried to conceal the arrest, that could have a negative effect on the case. This is all a bit complicated, and so you would do well to talk to a lawyer to be sure about the best approach here, but based on how I understand your situation, I think your best bet is to inform them. Happy Holidays, Jason
Hey Jason,
Thanks for all your advice and tips. I followed your advice on following up with the asylum office for a decision and finally got an approval. So thanks a lot.
I guess I have 2 questions:
1- I’m applying for the Refugee travel document and I’m confused on the initial evidence requirements:
-A copy of an official photo identity document;
-Proof of refugee or asylee status;
It’s not asking for a passport picture? Are there new rules? I thought this was a replacement of passport for stateless individuals? Or am I missing the requirements?
2- Since I have a health trip and will be expediting my travel document, im wondering how does USCIS count the 1 year since you became an Asylee for applying for the green card. Does the 1 year since I gain asylum excludes all the travel? Or it doesn’t matter if I had travel during my 1 year as an asylee?
3- last, when I’ll be applying for the green card should I also apply for advance parole? Since I’ll need it in case I travel so that it doesn’t affect my pending application? Or just the RTD is sufficient for people who gained asylum, and pending green card based on asylum?
Thanks so much and congratulations on the new job!
1 – We submit a copy of the passport (photo/bio page), the asylum approval and asylum I-94, and for dependents, proof of the relationship with the principal (marriage or birth certificate). As far as I know, you have to file 2 passport photos with the I-131 form. But I have been doing it the same way for years, and so maybe they changed the rules. They did recently change the form and – surprise, surprise – made it much worse. Maybe they also changed the photo requirement; I have not looked at the instructions lately, but those should tell you. 2 – At the time USCIS makes a decision in Green Card case (form I-485), you have to have a full year physically present in the US. So if you leave for 2 weeks, you have to wait an extra 2 weeks to complete the full year. in other words, time outside the US does not count. 3 – The RTD is sufficient. I do not think AP is appropriate for someone who has asylee status, even if the I-485 is pending. Take care, Jason
Hi Jason,
I’ve submitted I-485 along with my sibling and mother together in July. my moms case was approved last week but me and my siblings case still showing last status as fingerprints were taken. Is this normal? i though I-485 filed together gets adjudicated together. We files for I-485 based on approved I-730.
Also when I talked to Emma from USCIS, they told me my case is in NBC and my siblings case is in Florida Field office so probably all three cases was sent to different locations.
It is completely normal for applications filed together by he same family to get processed separately, especially in the case of adult children or siblings (they do a better job keeping together cases of parents and minor children, and sometimes of spouses). Also, cases get processed at different speeds all the time, so that seems normal to me. We see most I-485 cases for asylees taking 1 or 2 years, and you can check the processing time at http://www.uscis.gov, but based on what you wrote, this all seems normal. Take care, Jason
Hi , just wanted to update that I filed online work authorization I-765 (C8) on December 4th . And got approved today with in 10 working days.
Hi Jason, first I would like to say thank you for all you do! my question is, it has been 3 1/2 months since I did my Asylum interview at Arlington office but so far my decision is still pending, but the same day on my interview date I mate a fellow country man and he got a decision which was referred to court within a month time, does this mean is it a good sign for my case decision delay Maybe due to working on my background check or is it common even after delay referred to court? How long to wait to contact the Uscis about my decision?
I do not think the delay has any meaning – different officers do the interviews, and some are faster than others. Also, there could be delays in the background check or with a supervisor. You can inquire about the status of the case now if you want – I wrote about that on March 30, 2022. Take care, Jason
Hi Jason
Do you have knowledge of success rate (approved asylum) based on mandamus ?
I understand approval is never a guarantee if you file mandamus, specially if your case is weak, but how many cases have been approved after filing mandamus?
I do not know, but for my clients, the large majority who filed a mandamus were granted. Some were not. My sense is that my clients generally tend to have stronger asylum claims that average (just because of my client pool) and among that group, the ones who file mandamuses tend to be the ones with the strongest cases. In general, though, I do not get a sense that people who file mandamuses have any different outcomes than people who do not. Take care, Jason
ij granted me last year December 19th 2023
I applied I-485 in January 19th 2024
How long it will take to get green card
You are not eligible for the GC until you have one full year inside the US, so assuming you never left, you cannot get the GC until at least December 19, 2024 (in two days). In general, we are seeing such cases take 1 or 2 years, but it is not predictable. You can check processing times at http://www.uscis.gov, and that same processing times page can tell you when you can inquire with USCIS about your case, but I think it is too soon for that. Take care, Jason
Jason,
If someone hasn’t filed before one year due to Trauma since an asylee needs to write down all that happened to them which could be triggering, and if that asylee has been seeing a therapist to help them face their fears and write down their statement. Will the asylum officer ask to access that therapy record? Or is it protected under HIPAA?
I do not know about HIPAA, but the officer will only have the info that you submit. They will not and cannot independently obtain mental health records. I wrote more about the one year bar on January 18, 2018, but if you have an option to file before the one year, it is much better to do that. It is possible to overcome the bar based on mental health difficulties, but that is not easy and does not always work, and you will need to provide evidence about the mental health difficulties (but you can decide what evidence to submit). Take care, Jason
Hi Jason I have received below notification after traveling out of the country on advance parole with overstayed visa. What does it mean? Does it mean they will not let me back?
“U.S. Customs and Border Protection records indicate that there is important new information related to your admission into the United States.”
Visit https://I94.cbp.dhs.gov to check the status of your compliance with CBP terms of admission. You will need your name, date of birth and passport number to access the information. You will also have access to frequently asked questions, information about your admission, and next steps.
I do not know why you received that – but I think the website they are referencing is just to show your status in the US. In terms of re-entering the US, as long as AP is valid, you should be able to re-enter. We do expect new travel bans once Trump is in office, and so you should return before then, just to be safe (though I doubt a travel ban will affect someone with AP, but we just don’t know). Take care, Jason
Hi Jason,
I also encountered a question in I-131 asking for class of admission and most recent I-94 for someone applying for TPS travel document, AP and re-parole but I am applying for RTD so should I still put in my most recent I-94 in there and what about class of admission? Thanks
For the I-94 number, if they ask for the last entry, use that I-94, but if they ask for the most recent I-94 (presumably from when asylum was approved), we use that number. Either way, we include a copy of the asylum granted I-94 and the passport (photo/bio page and US visa pages) and I-94 from your last entry into the US, if we have them. Take care, Jason
Hi Jason,
While applying for RTD renewal, I encountered a question about AP. I have an AP but I had applied for it before my asylum was granted. Should I still mention it and what should I write in the disposition part of it?
I don’t remember such a question on the part of the I-131 related to the RTD, but they recently changed the form, so maybe I am forgetting. Do check that you are only filling the general parts of the form and the parts related to obtaining an RTD. But if they ask for that, you should tell them about it and include a copy of the approval notice. Take care, Jason
Good morning Sir,
I came across the platform while researching and wanted to commend your excellent work on providing free information to help other as i have been on this platform for while and i see all the good work you have done to help people needed help and advice.
I have some questions and would appreciate your swift response. I am a U.S citizen by birth planning to trying to petition for my husband who is currently in removal proceedings based on asylum and waiting for his master hearing in few March 2025. he entered the U.S legally on B1/B2 visa before applying for asylum. We have all the necessary documents to prove our bona fide marriage.
We are thinking of doing it ourselves, Could you please advise on the lists of forms we will need to complete for this process and any additional documents required to file a petition for? Any additional advice or guidance would also be greatly appreciated.
Thank you and look forward to hearing from you soon.
Good morning Sir,
I came across the platform while researching and wanted to commend your excellent work on providing free information to help other as i have been on this platform for while and i see all the good work you have done to help people needed help and advice.
I have some questions and would appreciate your swift response. I am a U.S citizen by birth planning to trying to petition for my husband who is currently in removal proceedings based on asylum and waiting for his master hearing in few March 2025. he entered the U.S legally on B1/B2 visa before applying for asylum. We have all the necessary documents to prove our bona fide marriage.
We are thinking of doing it ourselves unless otherwise, Could you please advise on the lists of forms we will need to complete for this process and any additional documents required to file a petition for? Any additional advice or guidance would also be greatly appreciated.
Thank you and look forward to hearing from you soon.
I did a blog post about this on August 8, 2018 and that may help. Basically, you would file a form I-130 and he would file an I-130A. The purpose of these forms is to prove that the marriage is real (forms are at http://www.uscis.gov). He would inform the court about this, give them a copy of everything you filed with USCIS including the receipts, and ask for more time for USCIS to process the case (also make sure to keep a copy of all documents you send or receive in the case, so you will have those if you need them). For the most part, judges will give more time (it probably takes a year or longer for USCIS to process the forms, so if you can file these forms now, that is a good idea). Once the I-130 is approved, they normally dismiss the case and at that time, your husband would file for the green card with USCIS. You can try this on your own and see what happens at the first hearing in March. If the judge is not willing to extend the time or the DHS attorney (prosecutor) seems like they oppose an extension of time, you would then want to find a lawyer. If there are no issues in the case, and if Trump does not make any changes that affect the case, you should be able to do this on your own. But if there are problems with the case or if the judge or DHS lawyer seem disagreeable, I would definitely talk to a lawyer, as your husband should be able to get a GC based on the marriage, but the judge and DHS need to cooperate in that process, and if not, you will need a lawyer’s assistance. Take care, Jason
Jason,
Can Trump end the birthright citizenship? Can he also deport a citizen if that citizen is a family with an undocumented family member?
Is an no criminal record asylee with a pending asylum case safe from deportation and detention centers?
Most legal scholars do not think he can end birthright citizenship, and even with the ultra conservative Supreme Court, I doubt he will have success in that. It is part of the Fourteenth Amendment to the Constitution and would likely require a new Amendment to change. Also, he cannot deport US citizen family members. What they seem to be saying is that they will deport non-citizens, and if those non-citizens want to avoid family separation, their US citizen family members can leave with them, or maybe the US government will pay for their family members’ travel. But that would be a decision of the family and US citizens would not need to leave. In terms of people with a criminal record, some convictions are deportable offenses and others are not. Although Trump and his allies seem to believe there are many deportable non-citizen criminals running around the country, that is simply not true, and so I am not sure what they will do when they find that there are not millions of criminals to deport. Hopefully, they will just declare victory and ignore the issue, but I would not count on that. Take care, Jason
Jason,
I just want to thank you for what you do here always. Always offering free advice to all of us who come to your blog. Over the years I have religiously followed your blog every Wednesday to see what updates you have for us. I applied 2015, after learning about being placed on the shortlist from here, I got in contact with the office in 2021. A few weeks later I was called in. I had a busy schedule and declined but was called again 2 days later and went in. It took another almost 3 years and help of the Congressman Office to get my decision this year,, September. Praise God it was an Approval. I still check in here regularly, and advise others I know to do so. It kept me going and optimistic knowing I was not alone.
Thank you,
Thank you for the kind words and for letting us know about your good news. I am glad you finally, finally had success. Take care, Jason
Hello Jason
How much usually attorneys charge for filing i485?
It depends on the basis for the I-485 and whether there are complicating factors (such as criminal issues or prior immigration problems). For a “clean” I-485 where the person has asylum or has an approved I-130, we have been charging $2000. I don’t know what other firms charge. Take care, Jason
Ans do you go to Gc interview if needed or that’s just to file?how much more for you to come for an GC interview?
Sorry, I don’t understand the question. If you file for a GC and USCIS asks you to attend an interview, you have to attend; otherwise, the case could be denied. Those days, most asylees do not get GC interviews, but I expect once Trump is in office, they will have interviews (as happened last time he was in office). Take care, Jason
Hi Jason,
Thank you so much for helping the community!
I am filing my I-485 application and need clarification regarding the Criminal Record section: “Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official?”
I was arrested and persecuted multiple times in my home country, but I was never formally charged. These arrests were politically motivated, and I mentioned them in both my asylum application and my declaration.
I assume I need to answer “Yes” in my I-485 application and provide an explanation in the additional information section. Do I need to explain all the arrests and detentions in detail?
Thank you for your guidance.
In this situation, we check yes or no, depending on what we think is more correct, circle the question, and write “see cover letter” next to the question. In the cover letter, we explain that the arrest or arrests were political and that they were discussed in the asylum case (assuming that they were discussed in the asylum case). We do not provide much detail, and this has always been fine. I think the main point is for USCIS not to think you are trying to hide the arrests. Take care, Jason
Hello Jason.
I am the principal applicant who have been granted GC. but my wife as a dependent, whose GC application have been denied for no covid vaccine.
My question is, Can She apply again. And Can I apply for centizenship before she get a GC?
Thank you.
Best regards
Joshua
She can apply again, but unless she gets the required vaccines or demonstrates an exception to the vaccine requirement, she will likely be denied again. You should not file for your citizenship until she gets her GC. Otherwise, if you become a citizen before she gets the GC, she will become ineligible to get her own GC until she files a “nunc pro tunc” asylum application, and that could delay the process by years. I wrote more about that on February 10, 2022, near the bottom of that post. Take care, Jason
Hi Jason,
Thank you for your kind reply. Can I ask another question? My daughter, who is seven years old, is in the same situation. She did not get the COVID-19 vaccine. The first green card application was rejected. I have two years left to apply for naturalization. If I naturalize before they get their green cards, will my daughter suffer the same consequences as my wife? As a minor, would she also have to obtain her own green card and wait five years before naturalizing? Or is it that she can join me to become a citizen when I naturalize, even if she does not have her own green card?
Best regards
Joshua
If she is still an asylee when you get your citizenship, then she will also have to do a nunc pro tunc. Alternatively, for both family members, you – as a US citizen – can petition for them to get their green cards. If they entered the US lawfully, they will probably be eligible for that, but you would have to talk to a lawyer about the specifics to be certain. If your daughter is under 16 (I think it is 16, but you might double check), has a green card, and lives with a US citizen parent, she automatically becomes a US citizen herself and can get proof of that using form N-600. That only works if she has a GC and will not work if she has only asylum status. Take care, Jason
Hi Jason,
I got married to a US citizen few years back and waiting for my green card. Recently we received a letter from USCIS asking us to send them a document that shows that both our names in the mortgage. But although my wife owns a house that was bought before and after our marriage, we didn’t put my name in the mortgage so what answer should I send them back?
Thanks for your help!
I would explain that your name is not on the mortgage, but that you (hopefully) have other evidence of the marriage, and then I would send them that – joint bills, bank statements, insurance, etc. If you are paying money towards the mortgage, you can include evidence for that as well (checks to the bank for example). Take care, Jason
Good evening Jason, thank you for your blog of November 13, 2024 which included a recommendation from ASAP to renew EADs immediately. Although mine expires July 18, 2025, I took that advice to heart. Below is the timeline:
November 15, 2024: Applied online/receipt notice generated
November 22, 2024: Paper receipt notice received in the mail
November 30, 2024: EAD application approved (online)
December 6, 2024: EAD card was produced (online notification)
December 9, 2024: Actual EAD card with 5-year validity received by mail
I am amazed (and grateful!) that it took less than a month.
Thanks again!
That was fast and I think it was a good idea, as you will now have the card and not have to worry about this issue for a while. Take care, Jason
Hi! Jason,
Thank for your unreserved help.
I hold green card by asylum grant the residence date starts from June 1, 2021. When do I applying for citizenship?
Thank you
Assuming you meet all other requirements, the soonest you can file the N-400 naturalization form is early March 2026 – 5 years after the date on the GC, and you can send the form 90 days ahead of that time. Take care, Jason
Hi Jason.
I applied for a renewal of my EAD. I got the notice of action letter. But I didn’t received letter regarding an extension of 564 days. What to do for my renewal of driver’s license? What if I got pulled over by cops? What to say? Or is it okay if I show them my expired DL and the letter for notice of action will that work?
The receipt is the only document they send – you have to read a few paragraphs down on the letter and it references the automatic extension of 540 days. Technically, that only applies if you filed to renew before the old EAD expired, but even if you did not, the letter should contain the language about the automatic extension. Take care, Jason
Got it. But what about other questions regarding DL and pulled over?
The receipt would not help you if you get pulled over, but it should allow you to get the DMV to extend your DL so you can continue driving legally. Take care, Jason
Hi Jason,
My appeal was received on March 10, 2023, and the noncitizen brief was submitted on May 16, 2024. As my appeal is currently pending, I was wondering if you could share your insights on how soon I might expect a final decision to be issued based on your experience.
Thank you for your time and guidance.
It is not predictable, and it depends on the complexity of the case and which BIA Board Member (judge) is assigned to the case. I have seen decisions issued in a few months or a few years. I am not sure there is anything to be done in order to speed it up, but I guess you could file a motion requesting expedited processing, if you have a reason. I would probably talk to a lawyer before doing that, as I would worry that it would not be received well by the BIA. Also, if this is an asylum case and your work permit is set to expire in the next few years, you may want to file to renew now, before Trump comes into office. I wrote about that on November 13, 2024. Take care, Jason
Hi Jason,
Thank you for your insights regarding the unpredictability of the BIA processing timeline. It’s helpful to know that decisions can vary so widely based on complexity and the assigned Board Member.
I’ll consider the suggestion of filing a motion for expedited processing, though I understand the potential implications and agree that consulting with a lawyer would be prudent before moving forward.
Regarding the asylum case and work permit renewal, I appreciate your recommendation. I’ll make it a priority to file for renewal as soon as possible, given the potential policy changes under the new administration.
Thank you again for your advice and for pointing me to your November 13 article—I’ll be sure to give it a read.
Jason,
I have two questions and please clarify for me if possible,
1.am I considered like illegal immigrant if my asylum still pending?
2. Is it easy process to withdraw pending asylum application if I prefer to go back home,(if yes, how do I travel back home with no passport )?
Thanks for your helps!
1 – There is no such term in the immigration law, and so it is not clear who is an “illegal immigrant.” You have an application pending, and that permits you to be in the US until the claim is adjudicated 2 – Either you need a passport or some type of travel document from your embassy to travel. Maybe the embassy can assist with that. After you leave, you can send some proof that you are outside the US to the asylum office and they will close your case – I wrote more about this process on December 7, 2022. Take care, Jason
Jason,
Do you recommend those who plan on applying to an asylum to do it ASAP or wait until Trump becomes a president?
I don’t see any advantage to waiting, though I guess if you wait a while, maybe you will get a sense of how the new Administration is treating asylum cases and then maybe you can decide whether filing for asylum is a good idea. If you do that, keep in mind that you have to file before your one year anniversary in the US or meet an exception to that rule (I wrote about that on January 18, 2018); otherwse asylum can be denied as filed too late. Take care, Jason
Hi Jason,
My question is, if main applicant expired 6 months ago and rest of the sub applicant didn’t let uscis know about it. And they have a five years EAD. What will be the consequences? Is there any problem when they let uscis know later time about the main applicant’s death?
If they are dependents on an I-589 asylum application and the main applicant died, they need to file their own application(s). I wrote about this on January 26, 2022, near the bottom. They should file the new applications as soon as possible, given the one year filing bar, which I think is discussed in the article I mentioned. In terms of using the EAD, as I understand, this is a gray area, but I do not think using the EAD after the principal applicant’s death will have negative consequences on their asylum cases. As I mentioned, they do not need to file their own cases as soon as possible. If they are not sure about this, they should talk to a lawyer to review the specifics of their situation. Take care, Jason
Hi Jason,
My question is, if main applicant expired and rest of sub applicant didn’t let usics
Hi Jason,
My asylum application has been pending since 2015 and I’m considering applying for H1B through my company. If I get approved for H1B visa, would my asylum application be denied or effected in any way? I just want to make sure that by applying for H1B, I’m not risking losing my asylum application.
Thank you.
As long as everything is consistent and as long as you do not go to your home country for part of the process, I do not see why applying for an H1b would have any effect on the asylum case. However, to get the H1b, you would most likely need to leave the US, which may or may not be possible, depending on your case. I wrote something about that in the context of getting a green card, but it should also give you an idea for getting an H1b overseas. That post is on September 6, 2018. You would definitely want to talk to a lawyer about this to see whether you are eligible and exactly how you would get from where you are now to having the H1b, what are the risks, and what is your back-up plan if you leave the US to consular process and if something goes wrong (you could try to get Advance Parole – I wrote about that on September 11, 2017). Take care, Jason
Hi Jason,
One of my couple friend got their asylum interview scheduled soon. They both have persecution in their case but only husband has his story submitted. Does wife need to submit her story separately? Will there be separate interviews for both or they both will have one interview?
They have one US born kid, should they take kid along? Will taking their kid impact the interview process in any way?
Thank you!
If it is the husband’s case, the officer will generally only interview him. The wife can submit a witness letter about her problems and also in support of her husband’s claim. If she also filed an I-589 of her own and is a principal applicant, she will also be interviewed. All dependents are asked the “bar” questions: Are you a criminal? Are you a terrorist? Etc., but usually there are no other questions. As for the US citizen child, it is better to not bring that person, since you need to be able to focus on the case and a child can be distracting. It is good to give them a copy of the child’s birth certificate with the other evidence, and if the child causes you to fear returning to the country, you can mention that (for example, in countries that do not like the US, maybe having a US citizen child would be dangerous). Take care, Jason
Hello Jason,
I am asking this on behalf of my friend. My friend is a dependent of his wife’s asylum case and holds a green card and refugee travel document. He went to the COP due to an emergency with his green card and refugee travel document. But his home country sent his refugee travel document to their country’s US embassy because they believe it is not a valid document to travel and they haven’t seen a US RTD before, but we know people who traveled to this particular country with the RTD safely and came back to the US safely. Is it safe for him to go to the US embassy and get his refugee travel document back will it cause any issues?
For your information, his wife, the principal applicant, did not travel to the COP. Please advise them on this critical situation they are facing. In my opinion, I don’t think their COP immigration officers have the right to do this because RTD belongs to the USCIS. Please advise and we would truly appreciate it. That family is going through so much mental stress.
The husband can return to the US with only his passport and his Green Card. That is one option. If he does not have a passport, he could apply for one and use that and the GC to return to the US. In terms of going to the embassy, I think he needs to contact the embassy to see if they even have the RTD. Alternatively, he could try to talk to the immigration authorities in his country and show them some info about the RTD (on the internet). Maybe they can assist, or maybe they still have the document. If he does go to the US embassy, I do not see why they would take away his GC. He can explain that he is a dependent on the case and does not have a fear of visiting the country. He might also get some evidence about this, such as the approval notice, which presumably lists him as a dependent. One issue may be if the wife stated that her husband was also in danger, and if so, he should be prepared to explain why he returned and how he stayed safe. Take care, Jason
For your information they never took his green card. Only his RTD was taken and sent to the US embassy. Is it safe for him to contact the US embassy and get the RTD back?
I don’t see why he would have a problem. I would not go there; I would try to contact them by phone or email and see what they say, and if they even have the RTD. But he can return to the US with his passport and the GC. Take care, Jason
For your information they never took his green card. Only his RTD was taken and sent to the US embassy. What is the safest way to get his RTD back?
Hi Jason,
Thank you so much for all the work you do.
I would like to know do we need travel documents while on green card through Asylum?
Thanks again
It is better to use the Refugee Travel Document if you can. That document takes a long time to obtain and is only valid for a year, so it is not very convenient. I wrote about using your passport while you have asylum on May 25, 2022. Take care, Jason
Hi Jason,
I am the main applicant in our asylum case and now have a green card, while my husband is a dependent. He recently traveled to Sri Lanka (our home country) using his Refugee Travel Document (RTD) and green card. At the airport, immigration took his RTD and sent it to the U.S. Embassy in Sri Lanka. They said he couldn’t use the U.S. RTD to travel but later allowed him to enter the country. They also told him to pick up the RTD from the U.S. Embassy.
Since my husband is a dependent on my asylum case, could this cause any issues? If he goes to the U.S. Embassy to collect his RTD, is there a chance his green card could be taken away?
Thank you for your help.
I do not see why there should be any issues, as a dependent can return to the home country, since it is not the dependent’s case. I suppose if your case indicated that he is also in danger, his return trip could raise questions. I have never heard about an embassy taking a GC under these (or any) circumstances. I suppose if he is very worried about this, he could just return to the US using his GC. However, he might try contacting the embassy first by phone or email. Who knows if Sri Lankan immigration even sent the RTD to the embassy? It is probably worth checking before he attempts to go there. Take care, Jason
Hi Jason,
Happy thanks giving,
I recently had an offer from an employer willing to sponsor me h1b.Previously, i applied for affirmative asylum,while still in status,and then returned to home country and immediately withdrew the case and receive acknowledgement of receipt of withdrawal from asylum office.After that i have tried a couple of times to apply for b2 visa but unsuccesful.The consulate in all those instances asked what i did for sustainance before applying for asylum.I told them i understood my visa conditions did not permit working under the table n never did so.But they still denied me saying those are no sufficient explanatuon.Now that i got chance on h1b,what should i expect,both when the petition is filed and when approved and i go to the consulate.How do i prepare?
Kindly,
Chichi jojo
One issue with the B visa is their concern that you will overstay the visa and seek asylum again or just stay here beyond your time. This is because a B visa requires you to leave at the end of your stay. An H1b visa does not have this requirement, so it should be easier to get. If they think you worked unlawfully, however, that could be a reason to deny (though it may depend on how long ago they think this unlawful employment occurred). I think you need to get as much evidence as possible to show that you did not work unlawfully: bank statements from the time to show you had money, letters from people who know you who helped support you, and any other evidence you can think of. I suspect you will have an easier time getting the H1b visa, but it would be a good idea to prepare for the unlawful employment issue, since that is already on the radar of the US consulate. It would also be best to share this issue with your lawyer, so they can assist, though I know that can be tricky since you are probably using a lawyer from the employer. Take care, Jason
Hi Jason,
Happy Thanksgiving, I hope you doing well. I have a concern and would appreciate your clarification.
I’m a dependent on my ex-husband asylum case, which is currently in removal proceedings. The master hearing is scheduled for March 2025. I received my EAD as a dependant before our divorce was finalized, but I’m now in process of marrying a US Citizen.
My questions are:
Is it okay for using the EAD to work?
Do I need to attend the master hearing with my ex-husband?
Are there anything I need to do or documents I need to file in connection with the removal proceeding?
Can I still proceed with my marriage base application after marrying a US Citizen? (Any negative effects)?
What are the forms I need to file when ready to file application base on marriage?
I would be grateful for any guidance or insights on how to move forward. Thanks and God bless.
You need to speak with a lawyer to work with this, as it is not that easy. I wrote about this issue on August 8, 2018 and that may provide you some ideas, but you should get a lawyer to help you. To answer your questions: 1 – I think this is a grey area of the law and I am not sure. The EAD is tied to the underlying case and once the divorce is final, there is no more underlying case, so potentially, you could be accused of fraud by using the EAD. I think this would not have happened previously, but the new Trump Administration promises to be very tough on non-citizens, and so I am not sure whether it will be an issue. You can apply for a new EAD once you file the marriage case. 2 – If you are scheduled for a court hearing, you must attend, or you will be ordered deported. You would want to tell the judge that you are no longer married so you can separate your case from your ex’s case and tell the judge your plan in terms of marriage. I highly recommend you have a lawyer help you. 3 – You may want to give the judge proof of divorce and if you have filed the marriage case, proof about that too. 4 – I do not know what negative effects you are concerned about, but this is something you would want to talk to a lawyer about, as I do not know the specifics of your case. 5 – The basic forms are the I-130, I-130A, I-485, I-864, I-765, and I-131, but there may be others and you may not want to file all the forms immediately. It depends on many factors and it would be worth discussing the specifics with a lawyer so you can decide how best to proceed. Take care, Jason