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
Hi Jason, is expited removal (thru executive order) is being implemented for affirmative applicants?
Thanks
I have not heard about that and I am not sure it would be legal, as I have not looked into it. I think we will have to keep an eye on how the new Administration is dealing with issues like this, but as of now, at least, I have not heard about affirmative asylum seekers being detained under that provision (and in truth, there are probably not many people who crossed the border recently, did not get caught, and filed affirmatively for asylum – there are probably some, but not many). Take care, Jason
Dear Jason
I am currently in removal proceedings based on asylum and have a master hearing scheduled. I also have a pending I-130 with receipts. My lawyer already file PD with ICE to terminate the removal proceedings but she message me again that she will have to file one sided motion ermination of removal proceedings to the IJ because she believes PD is canceled or stopoed by current administration and ICE will never resoond to the PD requests. Please i need your insights. Is I-130 receipts enough to make the IJ agreed to the motion?
Even before Trump part 2, an I-130 receipt was usually not enough to get a case dismissed (though this varied somewhat depending on the judge and the DHS attorney, and on when the request was made). Normally, DHS and the judge would want to see an I-130 approval + eligibility to get the GC inside the US. Today, I am not sure whether PD has been officially ended, but I think at a minimum, you will need the I-130 approval. Hopefully, they will continue to allow people in your situation to dismiss their cases, as it serves no purpose to keep them in court, but we will have to see whether they make an official policy about this. So far, I have not seen any such policy. Take care, Jason
Thank you for the information
Jason,
When someone applies for asylum then applies for a J1 Waiver. Would USCIS consider looking into the waiver separately? Or they will redirect the waiver application to USCIS (after finding out that the applicant has a pending asylum case) would the waiver case more likely to get stuck with the asylum file? And USCIS will not respond to the waiver application?
As far as I know, they are two independent cases. If asylum is approved, you would no longer need a waiver, but otherwise, USCIS would process each case independently, and I do not see why a waiver cases would get stuck or delayed due to a pending asylum case. Take care, Jason
Hi, Jason, friend of mine was arrested and judge gave him community service around 9 years ago when he was on B2 visa working and sold age restricted item to an underage age,
Later on he applied for asylum which was referred to court after interview. Now he got couple of I-797 notice of action with case number NRN……. But he never applied for any other immigration benefits.
I made a little research and found NRN is Intend to Revoke the status
So is he in danger of and if yes what is a remedy
Your answer will be highly appreciated
I have not heard about that, and so I do not know, but if he has a court case pending, his asylum application (and any other application) will be decided there, and not with USCIS. Take care, Jason
My asylum case has been pending before the immigration judge, and my individual hearing is scheduled for July 2025. At the same time, I am married to a U.S. citizen. I moved to a different state where my wife lives, but I am still attending school in the state where my asylum case is pending. Can I file Form I-130 with a different address from my asylum case address? What implications will a change of address have on my cases?
It would be better to have all the addresses consistent, as it would look suspicious to use one address for one case and a different address for a different case. I think your wife needs to file the I-130 and then let the court know as soon as possible, and try to postpone the court case so that USCIS has time to process the I-130. One way to postpone the case is to tell the court about your new address and ask them to move the case to a court where you live. That would cause some delay. Once the I-130 is approved, the court will hopefully dismiss the case so you can get the GC from USCIS, or the court can schedule the case and you can get the GC from the court. Take care, Jason
Hi Jason. My asylum case was approved on June 2018 and I got my green card approval on July 2024. On my green card, the issue day says July 2024. Shouldn’t asylees get an automatic one year roll back making the correct issue date July 2023? Is this an error on their part? And should I still apply for citizenship 4 years later or try to correct the date issue first?
If you applied for the GC based on asylum, the card should have been back-dated one year. You could try to correct the error. Maybe this link would help: https://egov.uscis.gov/e-request/displayTypoForm.do?sroPageType=typoError&entryPoint=init. You might also try calling them to see if you can reach a person to advise you (800-375-5283). If you cannot correct the error, I am not sure whether it is a good idea to apply in 2028 (after 4 years with the GC), as USCIS might reject the application. I guess you can try, and include info about getting the card based on asylum, but I do think you risk having them reject the application and losing the fee. If you can correct the card, that would be better. Take care, Jason
Hi Jason, I am a Lawful Permanent Resident (LPR) through asylum. I have a trip planned for March to visit a sick parent in a third country. Typically, I travel with my green card and passport. However, I’m now concerned about the possibility of a travel ban, as my country of origin was previously affected by the travel ban. As a green card holder, I am allowed to enter Canada or Mexico without a visa. In case I encounter difficulty flying back to the U.S., would I be able to fly to one of the neighboring countries and present myself at the border as a green card holder?
I’m trying to think of the worst-case scenario, where I’m not allowed to board a flight back to a U.S. airport. While I know this is unlikely and that previous travel bans exempted green card holders, given the current uncertainty, I want to be cautious. What other steps can I take to mitigate any risks related to this?
I think if you have a GC, you should be fine. You should also have a Refugee Travel Document, as you are not supposed to use your passport. I wrote about asylees traveling with a passport on May 25, 2022. Realistically, I doubt that GC holders could be blocked form re-entering the US, but it does not hurt to keep your eye on the news and if things seem crazy, have a plan to return as soon as possible. Whether you enter at an airport or through a land border, I am not sure that it would make much difference. Take care, Jason
Thank you Jason for helping all of us here.
Is it possible for a derivative asylee to apply
For GC although the principle didn’t apply yet?
Thanks
The derivative can apply before the principal, as long as the derivative meets the eligibility requirements. There is no rule that the principal needs to apply before the derivative. Take care, Jason
Jason,
I was an asylee became PR and now citizen. I have a US passport now. Sometimes I travel to my home country with that country passport ( to avoid taking visas as a US citizen). On my way back here in the US I just use my US Passport. I read on social media posting (Not sure it was a good source) that an agent took someone’s passport away because they have to use their US passport when travelling In and Outside the US. He took their US passport away saying that “Well it seems like you don’t need this”. Should I be concerned coming back to US with my US passport but I used another passport to travel outside of the US?
I do not think anyone could take your passport away in this manner. There is a process to de-naturalize someone, and it is long and complicated, and involves federal litigation. I suppose if the government had evidence that your citizenship was based on fraud, they could start the process. A return trip to the home country could raise a red flag, so you should be able to explain why you went and how you stayed safe, in the (very unlikely) event that you are ever asked. Take care, Jason
Hello Jason,
I’m a derivative asylee and now a permanent resident based on my derivative asylum. I’m applying for a reentry permit and I work for a company that is based here in US but I have a team that reports to me in Mexico and I have to be there at least once a year or sometimes couple times. My concern is with the new administration, should I be concern at all about going out and back in? It’s never for an extended period, It always about 10 days or max two weeks. I know on a normal circumstances, I should never have a problem, but with the new administration that looks like they are against asylum, I’m fearful that they will try to make things harder on me or maybe even deny me entry. With all we are seeing and hearing, nothing really will surprise me again and it’s unfortunate. What are your thoughts?
I think you are fine with the GC and the re-entry permit or – better yet – the Refugee Travel Document. Even if you only have a GC, you should be ok because you are a derivative and not a principal. Even so, if you want to be extra cautious, it is better to use the RTD than your passport for travel. I wrote about using the passport after you have asylum on May 25, 2022 and maybe that would be of interest, but it is less of a concern for derivatives than principals. Take care, Jason
I applied I-485 in December 2023 asylum category
National benefit center ,my friend received his card in 10 months how long it would take for my approval
Maybe things will get even slower under the new Administration, but we usually see such cases take 1 to 2 years. You can check processing times at http://www.uscis.gov, which will also give you an idea about the wait time (though these do not seem very accurate lately). Take care, Jason
Hello Jason, thank you so much for your tireless support and help to the asylum seekers community.
My questions are,
Can someone with withholding of removal due to the one year bar be deported in view of what is happening now and second, other than marrying a citizen, how else can one adjust status. Lastly, can someone with a medical condition that developed while in the country seek green card on humanitarian ground or prosecutorial discretion ground.
Thanks for your help always.
If you have WOR, you cannot be deported to your home country (the country that seeks to persecute you). If some other country will take you, you could be sent there, but there are no such arrangements that I know about and I do not think many countries would be willing to accept WOR people. So unless conditions in the country of persecution improve, you should be safe from deportation. In terms of alternatives, it depends on many factors, including whether you entered the US lawfully, whether you have a criminal record, and more. Marriage to a US citizen could be an option in some cases. Maybe other family relations could also be an option (especially if you have adult US citizen children). Otherwise, you might want to talk to a lawyer to review possible ideas, as there are others as well. Finally, I know of no way to get a GC based on a medical condition, but again, it may be something you want to explore with a lawyer, as it may increase the likelihood of harm in your home country, which could potentially make you eligible for asylum or maybe some other relief. I think this is unlikely, but maybe it is worth a conversation with a lawyer who can discuss specifics. Take care, Jason
Thank you Jason for your timely response. I entered the country on a visiting visa and applied for asylum after a year. No criminal record of any kind, and have two US citizens siblings. My mum passed away in the US shortly after obtaining her green card in 2015. I have been here since 2016. I don’t know if these could better my chances.
Thanks and appreciate the good work you are doing.
I don’t see these facts as a basis to change your status, but maybe you want to talk with a lawyer to see whether there are any options. Take care, Jason
Appreciate your help Jason. God bless you.
Thank you Jason for your timely response. I entered the country on a visiting visa and applied for asylum after a year. No criminal record of any kind, and have two US citizens siblings. My mum passed away in the US shortly after obtaining her green card in 2015. I have been here since 2016. I don’t know if these could better my chances.
Thanks and appreciate the good work you are doing.
Hello Sir,
My friend came on B1/B2 2 months ago. She has another friend who needs care giving, he is almost bed ridden and he is US Citizen. Is that possible he can sponsor her for care giving services and she can stay and get work permit here?
Is there any procedure what it will be please?
Thank you.
It is not an area of immigration I know much about, sorry. I think she should look for a lawyer who does nanny cases or health care type cases and see if that lawyer can help. Take care, Jason
Hi Jason
I have been interacting with you some good few years now , I really wish I had my initial asylum filed through you but …
I have had couple of updates or questions
1. I filed my mandamus on December 18th 2024 , and I still haven’t heard anything from USCIS .. is it normal ?
2. Today in Virginia DMV I had my DL renewed and I opted for Real ID , I have been renewing every year for past 5 years with REAL ID and they simply scan my EAD / i589 and I get an approval usually within an hour on email and get my renewal for one year …. If I don’t opt for REAL ID then I can easily get a full 5 years DL based on my EAD validity ( it’s 5 years)
Surprisingly today I was “ NOT Approved” for REAL ID and DMV suggested me to opt for non real DL … and wait it out till things become more visible on which direction this whole trump situation is heading … on a brighter side I got a full 5 years DL
But this made me worried and concerned … a kind of indication for the mandamus I have filed …. Looks like it’s a pre- non approval ?
Am I thinking right ?
1 – My understanding is that you would hear from the US Attorney, which the normal opposing attorney in a mandamus lawsuit. I am not sure about the time frame (and it may vary depending where in the US you are located), but if your lawyer does such cases, the lawyer should have an idea about this. 2 – I doubt the DMV issue is related to the mandamus or a decision in the case. I don’t know for sure, but if the asylum office were to refer the case to court, you would be in the exact same position was you were in when the case was pending. It would just now be pending in court. And so if the case is not approved, it should not have an effect on the DMV. At least that is my best guess. Take care, Jason
Thank you Jason
If the case was to referred to court, will my USCIS account show an update ? or will it shows as usual “Case Pending” etc?
Right now it says ” Next step is an interview” …. its been like this since day 1
I think the USCIS account would just indicate that a decision has been mailed. Take care, Jason
Hi Jason
I got my green card on 2023 based on Asylum then I married to a US citizen last year on 2024 speaking about filing the citizenship should I wait the 5 years period or I can file after 3 years since I am married to a US citizen? Thanks
You can only file in 3 years if you got the GC based on the marriage to a US citizen and you are still married to that person. Take care, Jason
Jason,
When are you going to resume submitting asylum applications? Will you send applications by mail or online?
I have not stopped, but I have not filed an application since Trump was in office. I expect I will continue filing by mail, but we shall see. I am not a fan of the online system, especially the way the attorney and client portals interact (or don’t interact). Take care, Jason
Hello
I had my asylum interview at NYC asylum office.
Time-line if can help anyone.
Applied November 2015
Interview notice received December 2024.
Interview completed January 2025.
Does anyone know how long will take for the decision to be mailed out? And is there any difference between pickup and mailed decision?
Thank you
I am not sure about NYC, but we have not seen a pick-up decision in years. Also, decisions are often slow, but maybe things are moving faster now. It is difficult to know. Take care, Jason
Thank you so much Jason.
how was your interview? my interview is in February. how long it was?
Thank you
@RUZ
The interview was ok i think, lasted like 3 hours + 2 hours wait before starting the interview. Officer was nice but thorough did a lot of questions and wrote everything down. Good luck
Jason,
Do you think its a good idea to submit an asylum application for Ukrainian citizen who is here on Ukrainian Humanitarian Parole, but doesn’t have any reasons for asylum, just to keep the legal status here if Trump cancels their paroles? TIA
I do not think it is a good idea to file for asylum if you do not have a claim. However, maybe you want to talk through your situation with a lawyer to see whether there is a valid claim for you. It may be worth a conversation to see whether you can make a valid claim. Many people do file for asylum when they have a weak case, and that could cause a delay in having to leave the US. However, it can also result in negative consequences (including criminal charges if the US government thinks there is a fraud), and so you have to be careful. Take care, Jason
Thanks, Jason!
Hi Jason,
I came to the US as an F1 student but went under asylum with my dad and our case was approved and applied for our green card. They gave us the I-94 with stamp until the green card arrives. My question is as long as I’m a lawful resident, I don’t need my F-1 status right?
It sounds like you have asylum and do not yet have a GC. However, asylum is a superior status to F-1 (which is a temporary status), and so I think you don’t need the F-1 and can’t use it. I think you have asylum, and if so, you should act accordingly – for example, you should have a work permit based on asylum and if you need to travel, you should get a Refugee Travel Document. Maybe I am wrong, but this is what is sounds like based on your question. If you are not sure, maybe you could have a lawyer look at your status to be certain. Take care, Jason
Hi Jason,
Thank you so much for your help.
I applied for my EAD renewal back in January 2024. The case status changed to “Case Is Being Actively Reviewed By USCIS” when my interview was scheduled in June. My case was approved, and I now have a new EAD valid for 5 years.
However, the status of my EAD renewal application has now changed to “Case Was Denied.” Is this normal? I am worried this may impact my Adjustment of Status application, which I submitted last week?
It is normal – the old card cannot be approved because it was based on asylum pending, and your asylum is no longer pending, it is approved. That is the best kind of denial to get. Congrats, Jason
Hi Jason,
I have a question about traveling outside the U.S. for a year as a green card holder. I work for a U.S. company, and they’re planning to send me to Japan for a one-year training program. I will continue to be paid in U.S. dollars and file my taxes in the U.S.
My plan is to visit the U.S. before every six-month mark during the training to ensure I don’t stay outside the country for more than six months at a time. What are your thoughts on this, and could it impact my citizenship process? I would greatly appreciate your advice.
I think you should get the re-entry permit if you can (form I-131, available at http://www.uscis.gov), as that will make it easier if you are spending significant time outside the US. For citizenship, I believe that a break in physical presence in the US of 6 months or longer could cause the “clock” to re-start for purposes of getting to 5 years. You may want to double check that to know for sure – it should be in the N-400 form instructions. Also, at the time you apply for citizenship, you must have been inside the US for at least 50% of the last 5 years. I recommend you talk to a lawyer before you go, so you can map out a plan and make sure you don’t cause a delay in your citizenship eligibility. Take care, Jason
Dear Jason,
I recently completed my asylum interview after an 8.5-year wait. However, it’s been over three months since the interview, and I’m still awaiting a decision. Is there a way to expedite the process?
Thank you,
Probably you just want to inquire for now – I wrote about that on March 30, 2022. I wrote about other ideas on June 2, 2021. If all else fails, maybe you can consider a mandamus lawsuit to try to force them to issue a decision. I would start by inquiring and maybe you will have some luck. Take care, Jason
Dear Jason,
I recently completed my asylum interview after an 8.5 year wait. However, it’s been over three months since the interview, and I’m still awaiting a decision. Is there a way to expedite the process?
Thank you,
Hey Jason and we appreciate you for what are doing.My sister ‘s asylum was granted in 2021 by the IJ,she applied for the GC in February 2023,she has been waiting for 23 months .so what can she do at this point because the processing time nowadays is like 18 months.
Please advice.
Thank you
She can inquire with USCIS on the http://www.uscis.gov website where it talks about processing times. If that does not help, she can try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. If all else fails, she can look into a mandamus lawsuit and find out whether that might work. Take care, Jason
Good day as an asylum dependent to a pending asylum case, what documents would need to show ICE at the airport when traveling locally? Thanks in advance
I would check with the airline to be sure, as I do not closely follow this. I think you need a real ID document – you may be able to use your work permit, passport, and licence/state ID. You should also bring your asylum receipt, evidence of dependent status (birth certificate of marriage certificate), and biometric notice, or at least copies of all this). Maybe the airline or airport website has more info, as I am not completely sure about this, and it would be better to check in advance before you travel. Take care, Jason
Hey Jason and thank you for all you do.I have a concern,my brother got married in 2022 to an American citizen,they were in a relationship before but parted ways ,they have a a 15 yr old child.They decided to reconcile and got married legally.The wife filed for him and he got a 2 year GC.Now the wife is mistreating him threatening to divorce him.So what is worrying my brother is,if he get divorced,will he be able to renew his GC which has a condition without his wife or he will lose his
GC?Thank you Jason.
After getting a 2-year conditional Green Card based on marriage to a US citizen, the couple is supposed to file form I-751 during the 90-days prior to the expiration of the GC (to get the permanent GC). If the marriage is not working, the non-citizen can file the form by himself. In that case, USCIS will process the case, which usually takes 1+ years and make a decision depending on the status of the marriage. If the couple is still legally married at the time of the decision, the legal standard is much more difficult than if the couple s legally divorced. So if the person files alone, he should move to get the divorce done as quickly as possible. He should also save as much evidence as possible that the marriage was true (this part sounds do-able since they have a child together). I strongly recommend he talk to a lawyer about this, as such cases can be difficult and each case is different. In most cases we have seen like this, the person is able to get the divorce done and get the GC, but it can be difficult and this is the type of case where a lawyer is important. Take care, Jason
Jason,
Do you think it’s better to apply on asylum now before things get worse and maybe Trump would freeze asylum? Or wait and see? I missed the one year but I have changes of circumstances. Are you still filing new asylum cases after January 20th? Is USCIS treating new applications differently now? Anything changed?
Thanks
I have not filed a case since January 20, but we filed cases before than and have received at least one receipt since then. As far as I know, the system is still operating in the same way as before. In terms of your case, if you have changed circumstances to excuse the one-year filing deadline, you should probably file as soon as possible. Where there are changed circumstances, the person is required to file within a “reasonable” period of time of the change. The term “reasonable” is not well defined. A month or two is probably reasonable, but 6 months is probably not reasonable. I wrote more about this on January 18, 2018. Maybe talk to a lawyer to see whether the changed circumstances are enough to overcome the one year bar, and then you can decide what is the best course of action, but I think you need to move quickly to make a decision; otherwise, whatever the changed circumstances, if you do not file within a reasonable time, your case could still be denied as filed too late. Take care, Jason
Hi Jason,
I got my green card through asylum, and the company I work for in the U.S. is sending me abroad for a one-year training program. During this time, I will continue to be paid by my U.S. employer and will file taxes in the U.S. My plan is to return to the U.S. before every six months.
What do you think about this approach? I would appreciate your advice, as I want to make sure I avoid any issues during my citizenship interview.
It would be a good idea to get the Refugee Travel Document, so you have that for at least some of the time (form I-131). Maybe you can expedite this process – I wrote about expediting in general on January 29, 2020. If you cannot get the RTD and must use your passport, it potentially can be an issue, since you are using a passport from a country that wants to persecute you. I wrote about that on May 25, 2022. This is less of an issue if you fear a terrorist group or some other non-state actor, and you do not fear your home government. Even so, it is safer to have the RTD to travel and return to the US. Take care, Jason
Hello Jason,
Just to let you know that your reply did not match my question. I am not traveling to my COP. My question was about my 1 year training program outside the US.
I was writing about using the passport from the COP; not returning to the COP. If I misunderstood your question, you are welcome to post it again and I will try to answer. Take care, Jason
On Monday, President Trump signed an executive order titled “PROTECTING THE UNITED STATES FROM FOREIGN TERRORISTS AND OTHER NATIONAL SECURITY AND PUBLIC SAFETY THREATS.” The order directs the Secretary of State, Attorney General, Secretary of Homeland Security, and Director of National Intelligence to submit a report to the President identifying countries with inadequate vetting and screening information. Based on these findings, the President could impose partial or full suspensions on admitting nationals from those countries. Many rights groups have expressed concern, seeing this as a potential precursor to a new travel ban.
As a green card holder from a country previously affected by the travel ban, I’m wondering how this might impact me. I have a family member who is sick, and I hope to visit them in a third country, potentially in Europe or Turkey. I’m trying to understand if a travel ban targeting nationals of certain countries could affect green card holders like myself. In previous travel bans, green card holders were exempt, but I’m uncertain about the situation now.
As I recall, the travel ban did not affect GC holders last time, though when it first went into effect, no one was certain. I expect it will be more tailored to comply with the law, or have a stronger justification (hence the study of other countries’ vetting). I think we will just have to wait to see how it looks and who is affected. If you travel, you should be prepared to return quickly just in case a ban goes into effect and covers your situation, which again, I doubt, but with this President, it is hard to know. Take care, Jason
Hi Jason, my brother is here on F1 (student visa) his visa is expiring in 2026. Meanwhile he got terminated once in 2023. He been to Mexico and re-entered usa. Now he is studying for an associate degree. Can he file asylum? Because it’s already passed 2 years of his last port of entry.
Anyone can file for asylum. However, if he has been here for 1+ years, he is not eligible unless he shows an exception to the one-year filing deadline. One common exception is that the person was in lawful non-immigrant status the whole time. It sounds like he was, and he would need evidence of this (I-20 forms, student records). There are other exceptions to the rule, and he may meet those as well – I wrote more about this on January 18, 2018. Take care, Jason
Jason,
Applying for asylum is still open/allowed by mail, correct?
Yes. Take care, Jason
Good morning Sir, I’m currently in removal proceedings based on asylum, I entered with B1 visa, I got married to is citizen after removal proceedings. We already filed I-130 and a recept received. My lawyer has advised that we can file proceed witj filing I-485, which I think it’s not suppose to be so. Could you please clarify this ? I’m feeling quite confused. Don’t want to waste money and time.
I used to file the I-485 while the person is in proceedings, but now I prefer to file the I-485 after proceedings are dismissed (assuming that the judge will dismiss). The main issue was that when we filed the I-485 in court, and we paid the money to USCIS, the case would be dismissed and we would try to re-file the I-485 with USCIS and the client would end up paying twice. To avoid that, I prefer to dismiss before filing the I-485. Whether that will be possible under Trump, I have my doubts, but we will see. Also, there was a new procedure created to help people avoid paying twice, but I never tried that. Anyway, maybe you can ask why the lawyer prefers to do it that way – it may depend on the judge or some specifics of your case. Take care, Jason
Hello, I am an asylum applicant and I was fired because luck of work. Can I apply for unemployment? If yes, will I have any troubles later( green card, citizenship)? Thank you
I do not know about the rules for unemployment, but if you are eligible, I do not think your status blocks you. Also, asylum seekers and asylees are not subject to the public charge rules, and so if you get public benefits, it does not affect your asylum case (though if you have another type of case, it could have an effect). Take care, Jason
Jason, thank you for your reply about unemployment benefits. I am an asylum applicant for 10 years. My daughter is a U.S. citizen and will apply for a green card for me when she turns 21 in 1.5 years. If I apply for unemployment now as an asylum applicant, could it affect my green card application through my daughter? Thank you.
I am not sure that unemployment benefits count towards the public charge requirement, as you earned those by working. However, I am not sure. If you look at the I-485 form and instructions, available at http://www.uscis.gov, it has info about what is considered a public charge. If you apply for a GC based on family, the public charge rules will apply to you, so it may be worth looking into this or talking to a lawyer who knows for sure. Take care, Jason
Hi Jason. I just got back from my lawyer, and he mentioned that he’s working on terminating my removal proceedings based on my I-130 receipt. After that, we would proceed with Adjustment of Status (AOS) through USCIS. Is it possible to get removal proceedings terminated with just the I-130 receipt? I’d appreciate your thoughts on this because I don’t want to get my hopes up or waste money. Thank you again!
It may be possible – recently, we have only been able to dismiss once the I-130 was approved (and I have not tried that since Trump took office). It may depend on the judge and the DHS (the prosecutor). Probably, the lawyer can just email DHS with a copy of the I-130 receipt and evidence of the relationship and your eligibility to adjust status. If DHS agrees, the case can probably be dismissed. If DHS does not agree, I doubt the judge would dismiss. Take care, Jason
Hi Jason, I just got back from my attorney, and ge said he’s working on terminating my removal proceedings based on my I-130 receipt. After that, we would proceed with AOS through USCIS. Is it possible to get the removal proceedings terminated with just the i-130 receipt? I would appreciate your thought on this because I don’t want to get my hopes up or waste money. Thank you again
It may be possible – recently, we have only been able to dismiss once the I-130 was approved (and I have not tried that since Trump took office). It may depend on the judge and the DHS (the prosecutor). Probably, the lawyer can just email DHS with a copy of the I-130 receipt and evidence of the relationship and your eligibility to adjust status. If DHS agrees, the case can probably be dismissed. If DHS does not agree, I doubt the judge would dismiss. Take care, Jason
Hi Jason,
Thank you so much for your help.
One of my friends came to the U.S. on a B2 visa 5 times. Last year, he applied for an extension to stay a few more months, but USCIS sent an RFE asking why he wanted to stay longer than 6 months. By the time he received the RFE, he had already left the country, so he responded through the online portal, stating that he had already left and would like to withdraw his extension application.
The very next day, he received a termination/withdrawal letter. He is planning to visit the U.S. again this year, but he is worried that USCIS may consider him to have overstayed. He is concerned they might stop him at the port of entry.
Do you think he could face any issues? Any suggestions or advice would be greatly appreciated.
Here is the letter he received:********************
RE: I-539, Application to Extend/Change Nonimmigrant Status
DECISION
We hereby acknowledge receipt of your request to withdraw the Form I-539, Application to
Extend/Change Nonimmigrant Status, you filed on XX, XX, XXX. Action has been terminated on this
application.
Title 8, Code of Federal Regulations, Part 103.2(b)(6) states, in pertinent part:
Withdrawal. An applicant or petitioner may withdraw a benefit request at any time until a
decision is issued by USCIS or, in the case of an approved petition, until the person is admitted
or granted adjustment or change of status, based on the petition. However, a withdrawal may
not be retracted.
Filing fees are nonrefundable.
WARNING CONCERNING UNLAWFUL PRESENCE
Please be aware that, under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), an
alien who accrues more than 180 days of unlawful presence in the United States, and then departs, and
again seeks admission within three or ten years after the departure is inadmissible.
I do not think this is a problem, as long as he filed a timely I-539 (i.e., he filed before his status ended). If so, the note you sent seems to indicate that the I-539 was withdrawn and the info about the unlawful presence is a general warning. A person does not accrue unlawful presence while a time;y-filed I-539 is pending. If I were him, I would bring all the evidence of the I-539 and the withdrawal, as well as proof that he left the US during the previous visit (visa stamps, plane tickets), just in case he needs that. But otherwise, from what you sent, I do not see an issue. Take care, Jason
Hi Jason,
Happy inauguration day.
When you are an affirmative asylum pending , and your immediate family, spouce and children are still out of states.You have been approved for H1B petition, but do not opt for change of status from asylum pending to h1b, can i obtain an emergency advance parol to go and obtain a h1b and h4 visa at a u.s consulate outside my home country?
And if i opt to do the change of status inside the u.s,since i cannot start working on the h1b job without obtaining a visa or doing change of status, how easy will it be for my dependants to obtain the h4 visas when they go alone, to the consulate in my home country, compared to when i would have gone together with them if i opted to do consular processing and not change of status?
Would they be easily denied the h4 visa under section 214b, unlike when when included them in my h1b visa application and when with them, since h1b is not subject to the section 214b denial?
Thank you
You definitely need to talk to a lawyer to guide you here, as there are many factors at play. I wrote about AP on September 11, 2017, and that my give you some ideas. I think it will be difficult to get AP in the time frame that you need to leave and consular process, and changing status would normally not be a basis for an emergency expedite case (maybe you can think of other reasons for the expedite – once you have AP, you can use it however you want, and so if the case is expedited to see a sick relative, you can do that and also consular process). Also, as an asylum seeker, going to the home country can raise issues about whether the asylum was legit, so you would need to go to a third country. If you are eligible to adjust status here, that would probably be better. H1b applicants would not normally be denied for “immigration intent” and so you should be ok on that point. I think the same rule applies to dependents, but I am not certain about that. Take care, Jason
Jason,
Are you going to update us about any executive order Trump signs about immigration in general? Are you aware of any yet?
I will do what I can, but you would do well to look to other forums for quicker and comprehensive updates: Asylum Seekers Assistance Project, Northwest Immigrant Rights Project, ACLU, and American Immigration Council are a few. I will also post information here and answer questions, as usual, but I have very limited resources to post comprehensive updates. Take care, Jason
Hi Jason, I have a pending asylum case since 2018. Just got 3rd renewal of EAD. my question is, my spouse’s brother is usa citizen. Can he file a family based green card for us?
He can file for a sibling (and the siblings spouse and unmarried, minor children), but the wait is very long (at least 12 or 14 years) – you can see that if you Google “DOS visa bulletin” and look at the category for siblings of citizens. There is no status during the wait, and even at the end of the wait, the beneficiaries would most likely need to leave the US to get a green card (which may or may not be possible). In short, this is not a very realistic path for most people. Take care, Jason
Hi Jason!!
I am the principal applicant for asylum, and my wife and daughter were approved along with me a few months ago. Now that it’s time to apply for a Green Card, I have a question regarding the forms.
Do my dependents (my wife and daughter) need to fill out both Form I-485 and Form I-693 separately?
Yes – each person needs the I-485 and medical exam to apply for a Green Card. There may be a discount for your child if the child files together with at least one parent – it depends on the child’s age. Look at the I-485 Filing Fee page at http://www.uscis.gov. Take care, Jason
Hi Jason – Thanks for your help!!
Quick questions:
a. When parents are divorced & if both parents filed Asylum separately.
Can their kids be on both parent’s applications as dependents?
b. When parents are NOT divorced & can both parents file Asylum separately?
If yes, Can their kids be on both parent’s applications as dependents?
c. When parents are NOT divorced & both parents file Asylum separately.
Can one parent be as dependent on other parent’s application?
Thanks!
a – I think so. If one parent wins, the children will get asylum status and can withdraw from the other case. b – I think they can. You might check the Special Instructions on the I-589 web page at http://www.uscis.gov. I am not sure if this is still the rule, but one parent may need to file at the Atlanta Vetting Center. In general, I think it is better for only one spouse to file, but if the marriage is unstable, that could be a reason for both to file (in Immigration Court, this is different and both parents could file there). c – I think so. If you get to the interview and that happens, they may try to make the dependent spouse withdraw their asylum case. Whether you are required to withdraw at the interview, I am not sure. Take care. Jason
You mentioned ” (in Immigration Court, this is different and both parents could file there).”
Can you pls elaborate?
Are you saying if couple (couple who filed Asylum together) is denied at interview, they can file separately at Immigration court?
I think in general, the best practice in Immigration Court is for every asylum seeker to file their own I-589 form. At the asylum office, if the principal wins, the dependents get asylum too. But in court, it is possible to get other relief, aside from asylum (Torture Convention, Withholding of Removal), and the dependents are not included in those. In some cases, there is no real legal possibility of getting relief other than asylum, but where there is a chance for that to happen, each person should file their own form. Take care, Jason
When they file separate I-589; they still get hearing at same time?
If one gets approved, others too get approved
(who were dependents on main application)?
It depends, but mostly, if you have a family and they all file I-589 forms, the judge just reviews the main case and if that person wins asylum, everyone gets asylum as a dependent. If that person gets Withholding or Torture Convention relief, and the dependents do not qualify for asylum, then everyone might get Withholding or Torture Convention. The main reason to file forms for each person is to protect them in case the principal gets something less than asylum (but again, this depends on the case and if the dependents have their own bases for asylum). Take care, Jason
Jason,
Will ICE target people with pending asylum cases and no criminal records? Also got in the US legally.
Will Trump be able to cancel all the legal process that an asylum seeker should go through before deportation and have ICE arrest and deport just like that without going through the usual legal procedure? Is that possible?
We do not know, but there are probably 2+ million affirmative asylum seekers (principals and dependents) and maybe another 2 million in court, so that is a lot of people. They say (sort of) that they will focus on criminal aliens, but there just aren’t that many of them who can be deported. I wrote more about these questions on January 1, 2025. In terms of canceling asylum, that is part of the law and can only be changed by Congress. However, Trump can and probably will do everything possible to limit asylum and make it more difficult. Take care, Jason
Hi Jason ,how are you doing ?I had my individual interview hearing scheduled since June 2024 for mars 2025.but today when I check my EOIR case again to see if my IH is still on march I see they push it back to July .ibwanr to know what reason they pushed it back with the same judge .this is 5 years I was waiting for the individual hearing since 2020 .i was in USA since 2015 .
Cases move around a lot, often with no warning. It probably has nothing to do with you, and is related to the court’s schedule – maybe the judge has a case that the judge views as an emergency. Or maybe the judge decided to go on vacation that week. We don’t know and they probably won’t ever tell you. Take care, Jason
Hi Jason I received I notice for EOIR today and they said
Upon reading and considering the motion and any opposition from the non moving party the motion is
Granted because the good cause has been established for the request continuance
This matter will be set to merit hearing via Webex ….
I want to know more about the motion of good cause .is it good things for my attorney to push back my hearing ?
It sounds like your lawyer or the DHS lawyer filed a motion (a formal letter) to request a different court date or to request a Webex hearing. The judge found that there was “good cause” for the motion, meaning that there was a good reason to change the date or to change to Webex, and so the judge granted the request and scheduled the hearing. Maybe ask your attorney about what happened, as you need to know what is going on. Take care, Jason
Hello Jason,
I hope you’re doing well. Please I have a question.I came to the US on a R1 visa. I also had a B1/B2 visa but my I94 was on the R1. I am an Asylum seeker for almost 9 years. I actually get my EAD for 5 years and TPS approved separately. My Dad has the Citizenship but he never likes me, he would never apply for my green card. Actually, I get a copy of all his documents. Do you think it’s ok for myself to put the application in the system without telling him, since I have the documents? He has no income actually I would put my income and somebody else’s. What is your suggestion as a lawyer? Thank you
I understand that it is a rough situation, but you cannot do that. For one, it is illegal, and for another, it won’t work. Assuming you are over 21, there is a long waiting period to get your GC and you likely would have to leave the US. Also, your father could be contacted in different ways or called to attend an interview. Maybe you want to talk about ways to expedite your asylum case – a lawyer can help with that. I also wrote about it on March 23, 2022. Take care, Jason
Thank you so much.
Hello Jason,
I am a pending asylee and my son is on my Form I-589. I got married to a US citizen and got my green card a few months ago. In December, I got a letter from the Asylum office asking me to fill out a little form if I intended to pursue the asylum. I filled it out and sent it because my son is already over 21 and is now working after graduating college. I got a letter today from the asylum office saying the Form I-589 has been dismissed because they didn’t get a response from me. I have a copy of the form, the USPS receipt and notification showing it was delivered with the 30 day allotted time. The last paragraph of their letter says if I believe the dismissal was made in error, I should write a letter to them to give reasons. Can I write a letter? Or would I need to get a lawyer to write it for me?
I think you can try yourself first – send them an email with the evidence that you sent the letter and state that you do not want the case dismissed. You can find their email if you follow the link under Resources called Asylum Office Locator. If that does not work, you can try a lawyer for help. Take care, Jason
Thank you very much
Jason,
Is it true that a new asylum case will take 6 days to 30 days to be looked at and figured out by an asylum officer? I heard an attorney saying that live on YouTube.
I have not heard about that. When you file a new affirmative asylum case, you usually get a receipt in about a month. Of late, very few people get fast interviews under the LIFO (last in, first out) system that prioritizes new cases. In our local office (Virginia), I saw data that seems to show that less than 1% of new cases were interviewed. If you do get a fast interview, it usually takes a few months from the time you filed. If you do not get a fast interview, it can take years to get the interview (many people have been waiting for an interview since 2015). Once you have the interview, it is possible to get a fast decision, but most people wait at least a few months for the decision. Take care, Jason
Hi Jason,
If one came to the U.S legally on a non immigrant visa together with a spouce they were legally married to and a children.
Suppose they separate while in the U.S, do they officially have to get divorced while in the U.S before they can adjust status to marry U.S citizen, or can they just file adjustment of status without dissolving their previous marriage which was legaly officiated in their home country?
You have to be legally divorced to get married here, and it sounds like the US government would be aware of the prior marriage, since you came together with your spouse. I think being legally married to two people at the same is actually a grounds for deportation. So yes, you need a legal divorce before you marry here and try to adjust status. Take care, Jason
Jason,
If an asylee gets married while an asylum case is pending. Is it possible to drop the case and just adjust status? And apply for green card through marriage?
It is possible, assuming you are eligible to adjust status – I wrote about that on August 8, 2018. Most people who entered legally and do not have a criminal record are eligible to adjust status if they marry a US citizen. For my clients, we normally apply for adjustment and then when they get the GC, we dismiss the asylum case. I wrote about that on December 7, 2022. Take care, Jason
Jason,
In your previous response you said:
“The main reason to not file now is where the person has a weak case and it is better to lay low rather than inform the government of your address and job location by filing the case”.
Is missing the one year requirement before applying make the case weak by default? Even if the case is valid/solid? If yes, would the USCIS (authorities) out of the blue come home or any where else to arrest an asylee who has a pending case and clean criminal records??
The one-year bar is a factor, but it can be overcome – I wrote about that on January 18, 2018. So in some cases, missing the one-year filing deadline will cause a person to lose the case (even if the claim for asylum is strong); other times, missing the deadline has no effect. ICE rarely comes to an asylum seekers home where the person has no criminal record and there are no accusations of crimes or terrorism overseas, however they can come to a person’s home, and so if you have a weak asylum claim and are likely going to lose, you have to weigh the risks of filing (and giving the government all your info) versus doing nothing. At this point, maybe you want to wait a bit to see how the Trump Administration is proceeding, and they you will have a better idea about the risks. Take care, Jason
Hi Jason, How is asylum granted to individuals who worked for the U.S. government in countries where their work may put them at risk? For Afghan and Iraqi nationals, there are specific frameworks, such as Special Immigrant Visas (SIV), to offer protection. But what about individuals from other countries, such as Yemen, Syria, Libya, Somalia, or Sudan or other countries, where it may still be dangerous to work for the U.S. government or its embassy?
If someone is targeted or persecuted because of their association with, or perceived association with, a country or its embassy, such as the U.S. embassy, this means they are being targeted for political reasons. The persecution is often due to their perceived ties to the foreign government, which may make them a target of hostility, violence, interrogation, or retaliation by the governments or other armed groups.
We see these types of cases now and again. I currently have one where the person worked for a US consulate in Pakistan. Such cases tend to be strong, and it is a very good idea to get proof of the job at the embassy, such as ID cards, work contracts, letters from other staffers (especially US citizens), etc. We usually frame the case as political, but it might also be religious (for example, the Taliban view anyone who worked with the US to be an infidel). I guess it could also be a particular social group of some kind (people who worked for the US government). While winning such a case is not automatic, if you have evidence of the job and the threat, you should have a good chance for success. Take care, Jason
Hi Jason, heard abt cbp detaining people in Bakersfield Cali though not sure if affirmative applicants should be concerned too and how to handle such situation? Need ur suggestion
I do not know about that, but there have been a lot of rumors circulating, many are probably deliberate attempts to frighten people. If CBP is detaining people, we would need to know who is being detained and why before we can reach any conclusions. For now, I think it makes sense for everyone to take the steps needed to get ready for the next Administration – I posted about that a few days ago. Take care, Jason
Jason,
Do you still submit asylum applications this January for your clients? Or you’d rather wait until the new administration fully takes over? Do you recommend an asylee to submit their application ASAP or wait and see where things go knowing that asylee must apply either way while not applying is NOT an option for them.
If an asylee applies now, will the new administration changes (if any) still affect their application or you think the new changes would/might just affect applications that have been submitted after January 20th?
I am continuing to submit cases. However, for certain cases – involving domestic violence or criminal gangs, for example – I might hold off to see how things develop over the next few months. For other cases, where they more easily fit into the legal framework for asylum – political or religious persecution, for example – I would be more willing to file. I imagine that most changes Trump makes will affect all asylum cases regardless of when they filed. The main reason to not file now is where the person has a weak case and it is better to lay low rather than inform the government of your address and job location by filing the case. Take care, Jason
Hi Jason,
Thank you for always giving us valuable advise.
Should Trump re-impose H1B visa restrictions such as those he imposed in 2020, what happens to those who have already been granted the h1b and h4 visas but are yet to travel to the U.S to start the h1b jobs.
Does those visas become invalid, and would they be denied entry at U.S airports once the restrictions are in place?
Regards,
Jojo
I do not do H1b cases and so I do not know much about that. Also, I have not heard about any plans to restrict H1b visas – people like Elon Musk want to continue them while other Trump supporters want to end them. If you already have the H1b, maybe you want to talk to the employer about making your start date earlier so you can travel here immediately, rather than waiting until after Trump takes office. That said, unless you are from a country that may be banned, it seems unlikely that H1b people will be blocked. But if you want to be extra safe, obviously it would be better to get here before January 20. Take care, Jason
Jason, .
How long do you get a receipt after mailing an asylum case? And how long after you apply for work authorization? How long does the work authorization take to be issued?
All this may change once Trump comes into office, but lately, it has taken a few weeks to get an asylum receipt. You have to wait 150 days after the date on the asylum receipt to apply for a work permit, and once you apply, work permits take a month or two. Take care, Jason
Loved your Detention Tension atricle. I watched Tom Homan (the so called Border Czar’s) recent interview. He looked pathetic, scared, confused and could not answer a single question that the host asked him. He mumbled most of his speech and he was hitting around the bush during his speech. I think he is scared that he will not be able to fullfil even 1/10 of what he had promised.
Good luck to all asylum seekers who will be fighting with this moron administration.
I had thought that the second Trump Administration would be more competent, but given the people they are choosing for high office, that seems unlikely. Nevertheless, I expect they will harm many innocent people during their witch hunt for “criminal aliens.” Take care, Jason
Hi Jason, can I file request FOAI to request all my records from CBP. I have been traveling after my asylum was granted. I used RTD before, and now I use my green card and my passport. Sometimes, I have encounters with them at the airport and they ask questions. It’s unclear if they are recording or taking notes. Is it a good idea to get CBP FOIA before naturalization? How long does it take to get the records? Do they redact info?
I have not tried and that and my only attempts at a FOIA for entry records did not work out. However, it may be possible. Maybe if you look around on he CBP website, you can find some direction. Also, potentially your Congress person can help – they usually have a staffer who assists with government requests. You can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Hi Jason,
I trust you are well.
If Trump decides to end the H1B on Jan 20th, maybe through an executive order or some form of intervention.
What happens to those whose petitions were approved and now have pending visa appointments for h1b and h4 visas combined, at U.S consulates?
Does the Embassies refund the visa application fee, being the fault is not on the applicants, but a U.S government policy, or does those with already approved petitions and pending visa appointments go on with their scheduled consular interviews past Jan 20th?
Regards,
Jojo
I am not sure there is a plan to do that and such a move could potentially be challenged in court. However, while H1b visas are part of the law and would need Congress to make a change, the President has a lot of latitude to make rules restricting H1b visas. I do not know what will happen, but I do feel pretty confident that if the government finds a way to block H1b people, they will not be issuing refunds. Take care, Jason
Jason,
How do you send your asylum cases? Mail? Electronically? How many ways are there to send an asylum case? And what’s the most sufficient? Especially for getting a receipt while knowing the case has fully and legimatly been submitted.
We have been sending by mail, but in the new firm, I expect we will send more electronically, as they are better about that sort of thing. I do not like the online system and the interface between the lawyer’s account and the client’s account is not well designed. For a person filing without a lawyer, online is probably better, and if the lawyer/client interface worked better, online would be better for represented clients as well. Take care, Jason