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, I saw online that some attorneys are advising non-citizens not to travel outside the U.S. at all, regardless of their nationality or immigration status. They even say that green card holders from any country should avoid traveling due to potential risks. Is this advice accurate, or is it an exaggeration?
I think for now, it is good advice. Presumably, these attorneys are concerned about the upcoming travel ban. We do not yet know how that will look or who will be affected, and until we know, it is best for any non-US citizen to remain inside the United States. Once we see how the ban looks, then people can make decisions about whether it is safe to travel. The ban is expected any day now, and so hopefully, we will have some clarity about this issue soon. Take care, Jason
Hi Jason,
I have a quick question regarding my citizenship application. My green card through marriage has now passed the three-year mark, so I’m planning to apply for naturalization in April.
However, in July, I’ll be temporarily moving to a different state for work for about a year. My actual home and residence will remain in the same state where I’m applying, as we own our house and will be commuting back and forth every week (it’s just a three-hour drive).
Given this situation, do you think I need to update my address with USCIS, or would it be fine to keep my current permanent address since the move is temporary?
Thanks for your guidance!
It sounds like the house you own is your permanent address and assuming you keep your driver’s license, taxes, and bills there, and that you spend a lot of time there, I don’t see why you would need to change your address. However, if you use that address, your interview and any other appointments will be near that house, as opposed to near your temporary home. You might also make a note somewhere in your application about this arrangement, including the temporary address, so that USCIS cannot ever accuse you of hiding your proper address. Take care, Jason
Hi Jason
My asylum was approved in 2020 and in October 2020 i filed an petition i730 for my wife She is in Usa only but with Pending asylum.
My question is how long it takes to get an decision on i730 petition.. I tired to make inquiries online with uscis but its not letting me submit inquiry . Its 1468 days today . I have my green card now .
Is there any other way i can ask uscis to expedite the application? Is it possible to withdraw i730 petition and submit i130 petition or what else i can do at this time
Thank You
If you inquired with USCIS, you can try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. If that fails, maybe you want to try a mandamus lawsuit, as the case is taking much too long. Also, if you have a GC, you can file an I-130 for her as well. Both forms (I-730 and I-130) can be pending at the same time. Whether she is eligible to get her own GC based on the I-130, I do not know, but you can ask a lawyer about that (if she entered legally, she is probably eligible, but she may need to wait until you are a US citizen to get her own GC without leaving the US). Take care, Jason
Hi Jason, it is Me agan , I have a question regarding my i-730 application for my family members, can I request an expedite in my case after 09 months of submitting my application to USCIS , and incase of denial to expedite , can I sue USCIS again with a mandamus ? I am asking this because whenever I see the status, it’s showing the same, ‘ fees were waived ‘ and USCIS is continously increasing the processing time for these applications on monthly basis, I saw it yesterday it is on 12.5 months now for these applications. My family is going through with very much stress and my wife got different psychological issues and she got mentally disturbed and now she is on regular medication due to that psychological issues alongwith hypertension medication. I got few issues with my health too due to this stress. She needs my care in this stressful times, so If I can request an expedite will it work? I will be much appreciated for your kind reply.
Thanx again for your every kind effort and may God bless you my brother.
You certainly can try to expedite. I wrote about expediting with USCIS in general on January 29, 2020. As for a mandamus, you would have to talk to a lawyer who does such cases, but I expect that it would not work, as it has not been pending long enough. However, I am not sure. The better bet is to try first to expedite and then if that does not work, maybe talk to a lawyer about your options. Take care, Jason
God bless my brother I will
Hi Jason,
I graduated with an MA in STEM education, and I am on OPT status, which will expire in May 2025. I have not yet secured a sponsor for filing employment-based petitions (H1B) visas. I need your considerable advice on:
1.How long can I stay in the USA after the expiration of my work permit?
2. Is an EB-2 or asylum application more reliable and convenient for a potential green card?
I appreciate your advice.
Best regards,
1 – I do not know, but you should talk to a lawyer as soon as possible to make a plan, as you have limited time, and if you are applying for EB2 or an H1b or anything else, you really need to do that before your current status ends. 2 – If you qualify for EB2, that may be the more certain path, but it all depends on specifics and I think you would do well to talk to a lawyer now, to see what is the best path. Also, you could potentially do EB2 and asylum, as they are not mutually exclusive. Take care, Jason
I am a Green Card holder through asylum. One of my parents has terminal cancer, and the condition is deteriorating. My family is trying to go to a third country for treatment. I would like to travel to support the family. I come from a country that was affected by the travel ban in 2017, and there are rumors that it could be impacted again. I’m unsure about what steps I can take given this situation. I have GC, passport and reentry permit. Any advise would be helpful.
We just don’t know how the travel ban will look and who will be affected. If you can, maybe wait for it to go into effect and then hopefully, you will know for sure whether it affects you. It should be implemented in the next few days, according to the rumors I am hearing. Otherwise, if you leave, even with a GC, there may be a risk to returning here, and you will have to decide whether to take the risk. It is all very cruel and pointless. Take care, Jason
Jason,
Would ICE/DHS/USCIS use information of new asylum applicants (who’s married to US Citizen) to then go arrest, detain and deport them without any chances to see an immigration judge? Knowing the asylee has a pending asylum case and clean criminal records but overstayed their visa.
I think this is unlikely, but we are hearing all kinds of stories, and so it is difficult to know for sure. However, even if they arrest you, you should be able to pass a “credible fear interview” (initial evaluation of asylum eligibility) and then pursue your asylum case in court. Maybe just make sure you have all the evidence available for your asylum case, just in case that is needed. Probably, though, you will not have an issue, as it is common for people to come to the US, marry a citizen, and then file for a GC. Unless they commit a crime or there is some other issue, they are able to get the GC without any problem. Take care, Jason
Hello Jason,
How long does it take to receive a receipt after applying to an affirmative asylum online and by mail?
Which way do you use? prefer? And recommend?
Thank you!
The online receipt usually comes the same day or the next day. The mailing receipt lately takes a few weeks or a month or two maximum. I personally do not like the online system because I do not like the interaction between the client’s USCIS account and the lawyer’s USCIS account, but it certainly does have advantages. If you are filing without a lawyer, the online system is probably the better option, as you get the receipt and can see your file and upload documents. Also, it is possible that a new case will receive a fast interview, and so if you are filing now, you should make sure you are ready in case they call you for an interview soon. Take care, Jason
Hi Jason,
I have a few questions, please help.
What is the best option?
Can asylee apply for fiancé visa (K1) while they are only permanent resident and not citizen yet?
Or should they get married outside of US and sponsor the spouse?
Or is it better they get married in US and apply for their green card if fiancé can come on visit visa?
Thank you very much for your help!
Only a US citizen can file for a fiance visa. If the couple marries, the GC person can file an I-130 for the spouse and consular process. If the spouse can get to the US, the couple may be able to marry and file to adjust status, but that depends on different factors, and – for example – if the person comes to the US on a tourist visa and has an intent to get married at the time they arrive, that can be problematic, since a tourist visa basically requires that the person promises to leave the US at the end of the visit, but if they intend to remain permanently, they could be accused of fraud (lying about their intention to come to the US). Also, there is a waiting period when a GC person files for a spouse (Google “DOS visa bulletin” to see that), and so it may not even be possible to adjust status, as the person needs to remain in lawful status until they are eligible to file for their GC. I would talk to a lawyer about the different options to see what works best, and to avoid any issues. Take care, Jason
Hi Jason,
Is it true that if you don’t have any past persecution then it becomes extremely slim to get an approval from Asylum Office despite of well founded fear of future persecution? Immigration courts have more favorable outlook on such cases?
People with past persecution should receive asylum unless there is evidence that country conditions have changed and their country is now safe. However, most of my cases do not have past persecution, and the applicants have been able to get asylum by showing there is a well-founded fear of future persecution (which is commonly considered a 10% likelihood of persecution). So the short answer is that if you can show a chance of persecution in the home country, you should have a good chance to win asylum, even if there is no past persecution. Take care, Jason
Jason,
For those who missed the one year requirement, were you able to get them a work permit at all? I assume you probably have some clients who missed the one year requirement, did any of them get a work permit? And are their applications being processed faster than others who did not miss the one year requirement?
So far, we have not had anyone blocked from a work permit due to late filing. While that could change under the new Administration, we have not seen any change yet. Also, there was a time when our local asylum office (Virginia) was pulling one-year bar cases and interviewing those. However, I have not seen that yet under the new Administration. Take care, Jason
Jason,
Since January 20th, are you still submitting cases by mail? Did you notice any changes with the speed of receiving a receipt after mailing an asylum case? What’s the wait time? Also, did you notice any changes with the speed of processing new cases?
I did not notice any differences, and it seems like receipts take a month or two. In terms of processing new cases, at least in my local office (Virginia), new cases are often getting set for interviews within a few months, and so if you are filing a case today, it is best to either file a complete case with all evidence, or to have all evidence ready to file with the local office in case an interview is scheduled. Take care, Jason
hello! how long I have to wait for ta decision after USCIS Interview. After my interview officer told me they will mail the decision with in 14 days. but its complete 1 month I didn’t heard anything from them.
Thank you!
It depends on many factors, but it is very common to wait months for a decision. It is also common for the officer to give you a time frame that is completely wrong. So it may takes months or it may arrive very soon – it is just not predictable. Take care, Jason
Thank you, Jason
Hello Jason,
I am a pending asylee with a marriage based green card. I wrote here in January that I had received a letter asking me if I wanted to dismiss my i589 claim. My son is a derivative and I had answered no. However they sent back a letter saying the claim had been dismissed because they didn’t get my response.
With the help of a lawyer, I sent the asylum office an affidavit stating I had sent the form back and a letter asking them to reopen the claim. I also sent copies of all the documents and proof that it was delivered to their office by ups.
The documents got delivered on Jan 21st. I am yet to hear back from them. How soon do they respond? What do you think I should be expecting?
Thanks for your usual response. I really appreciate what you do for us here.
Different offices have different levels of responsiveness, but in this case, I would email them to follow up. At least in the offices I normally deal with, email is the best way to communicate. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, some offices have walk-in hours where you can go in person to inquire. Finally, if nothing happens, you may really need to take action soon for your son – maybe he has to file his own asylum case or maybe your spouse can file for him as a step-child. But I would not wait long, as a person who loses derivative status is required to file for asylum within a “reasonable” period of time, which is not defined, but it is best to file as soon as possible (this rule does not apply to children under age 18, but even there, if he has no other option, it is best to get the asylum case filed as soon as possible). Take care, Jason
Hello Jason… I’m derivative on my husband’s asylum case. Decision pending. I’m renewing my EAD, and I got stuck on question 25. What should I state regarding my status? Asylum applicant or asylum derivative… or something else? Thank you in advance.
I would need to see the question to be sure, but a derivative is normally an asylum applicant who is applying for the EAD based on category c-8, asylum pending. If you are not sure about the answer, answer how you think best, circle the question, write “see cover letter,” and provide an explanation in the cover letter, or if you file online in the supplemental part of the form. Take care, Jason
Thank you so much
Hi Jason,
Iwas recently granted asylum and received new EAD, applied for RTD but nothing yet. I have to travel to Puerto Rico for a week. Can I do that just with my EAD and driver licence or do I need the RTD.
Thanks for your help
In the past, I would have said this is fine, but I have heard about a person having a problem returning from Puerto Rico (I have only heard about this once, so hopefully, it is not a pattern, but I do not know). I would check with the airline to see what they say, and if you go, you should bring your passport, EAD, driver’s license, and documents showing asylum was granted. Take care, Jason
I went even before my interview, everything was fine.
Hello Jason,
If you can kindly review the following and advise please :
1. In 2016-2017 we had an ACS ( Administration For Children Services ) case registered against us, the parents.
2. The case was referred to the Family Court, not criminal court. No arrests or police was ever involved.
3. Our child was placed in the ACS care and an order for protection was issued by the court.
4. After a few months, a settlement was reached by the court and our child was released back to us, and came home.
5. We went through the necessary parenting classes as required by the law and were given certificates for the same.
6. In 2018 our asylum case was approved by in court by an immigration judge.
7. In 2022, we received our green cards ( back dated by 1 year to 2021 ).
8. We are going to apply for our citizenships in 2026, as the 5 year mark completes by next year.
The question is :
When applying foe citizenship next year in 2026, will there be any impact of the ACS case on the citizenship applications ? ( with the given administration in power ). Is there anything that we should worry about ?
Thank you for your continued support.
I do not know about this. I think you should have the case reviewed by a lawyer. In some situations, domestic violence or possibly neglect issues can cause problems for a non-citizen, even if there was no criminal case. In your situation, I think it probably will not have an effect, but I am not sure, and these days, you need to be extra careful, as they are looking for reasons to cause people problems. So I would gather all documents you can get about the problem and have a lawyer review them before you file for citizenship. Take care, Jason
Jason,
Can an asylee withdraw their asylum case before hearing anything? If they leave the US after the withdrawal, can they come back on a visa again if they didn’t violate any immigration law?
I wrote about withdrawing on December 7, 2022 and maybe that would help. In short, it is better to not withdraw until after you leave the US, as withdrawing before then could result in your case being sent to immigration court (which can lead to a deport order). If you leave the US and withdraw the case, you can apply for a visa, but it will likely be more difficult to get a visa in the future, due to the prior asylum case (though certain types of visas may be more difficult to get than others – a B or F may be more difficult to get than an H1b or an L, for example). Take care, Jason
I withdrew my affirmative asylum application and returned to home country when the political situation had changed and no longer exposed to threat of persecution.Less than one year after returning home, i was very lucky to find an employer sponsor me an h1b visa and i returned to USA, this time round with my wife and kids.Previously, i tried to obtain b1 visitor visa to attend conference in usa, but embassy would usually refuse, with the excuse that i worked illegally while in usa, while awaiting my asylum ead, which i insisted i did not.but still would deny me.When i went for h1b and h4 visa interviews, it was more smooth and got approved.But it all did not come just like that, i usually used to go for eucharistic adorations and prayer retreats, at my catholic prayer center, for almost that one year i was in my home country.it use to be hard without no jobs and i really prayed to God to open me a new way back into states, and He did.
Hi Jason,
After a very long time I am here to get your precious opinion again, I hope you will never let me down as you never did.
After getting approval in my asylum case, I applied for my spouse and two kids in May 2024 through I-730 and since then waiting for an approval from USCIS, even waited for my interview after 9 long years and then got it through mandamus lawsuit. Now I read in an article that an executive order no.14163 in January 2025 being signed by the president which suspended FTJ-R too, what that means? Someone told me that they have suspended the process of all I-730 applications in USCIS nvc’s. Does it mean that we will have to wait more to re-unify as family. My family is living over there in a very critical situation, as I told you before. I am confused and getting more confused when I see the processing times for the said application form i-730 what was 9 months before ,then they increased it to 9 and a half months, and today I saw it stands on 11 and a half month. Your kind reply inthis situation will be highly appreciated. And I feel very happy for your new joining fo a larger group of lawyers. Thand and may God bless you brother 🙏
I have not heard about I-730 cases being suspended, and as far as I know, they are still moving. There are credible rumors about an upcoming travel ban, which may affect some I-730 beneficiaries. If I recall. during the prior travel ban, I-730 beneficiaries were able to come to the US, though immediately after the ban went into effect, there was confusion about this issue. We do not know what the ban will look like this time, and so we will have to wait and see, but if you expect that their country will be part of the ban, you can try to expedite their case. This won’t be easy, but maybe if you can get help from a Congressperson or talk to a lawyer to see if there is anything to be done. Take care, Jason
Thanx and may God bless you and your family, you and your reply is prompt and generous as always, I will definitely talk to a lawyer, thanx again
Hi Jason
We spoke about Mandamus suite before, I filed through my attorney on December 16th 2024 , and so USCIS hasn’t replied … it’s way more than 60 days
You advised to reach out and see if judge can issue a new order or sanction USCIS
My question is here , my attorney has disappeared like he never existed , he won’t get calls or respond to my text messages hence I do not know the status on my case ( That attorney used to work for your law firm few months ago but not anymore and he wasn’t with you when we filed mandamus)
Can I or should I change attorneys at this stage ? Will it help ? Will it cost me ? Or should I wait it out because of Trump administration situation ?
It’s weird situation for me
It is very strange that the lawyer disappeared. If the lawyer worked for my new firm, it is a large firm, so someone else should be able to assist. I would follow up to make sure that the case is filed and to see what is happening. Take care, Jason
Jason,
Why is Trump firing/offering immigration judges payout or early retirement. A number of Judges have already accepted the offer. Who is going to take these judges’ jobs? Will there be no judges? How’s that making the process of asylum claims any faster?
Is Trump trying to put the asylum system in the hands of only administrative officers not judges and courts?
I am not sure logic really applies with this Administration, but I did a post last week that might be an explanation – they might convert the judges into something more like USCIS officers to make cases faster and deportations more likely. Take care, Jason
Hi Jason
I am planning on traveling with AP(emergency 7 days) through TPS (while asylum pending since 2017) would it be considered abandoning my asylum?
traveling to 3rd country (not the COP)
It should be fine, as long as AP is valid. The whole point of AP is to allow you to travel and return while you have an application pending. Do keep an eye on the news in case there is a travel ban, but I have not heard about a movie in that direction, at least not yet. Take care, Jason
Jason,
What do you know about The New Alien Registration Requirement? Does someone who entered the US with a visa and gave finger prints at an American embassy overseas need to register, too?
The rules are not yet published, though the USCIS announcement lists in general terms who will need to register. I think someone like you describe will not need to register, though it may depend on how long they stay in the US once they get here. We will need to wait for the rules to be published to know for sure. Take care, Jason
Jason,
In your previous response to my last question today, you said those who miss the one year requirement “have to show they meet an exception to the one-year deadline or they will be referred to court”.
Does USCIS processes these applications of who missed the one year requirement faster than others? Meaning, will USCIS refer/send that application immediately to court once they receive the application? Or once they see that the applicant missed the one year requirement?
I am not sure about that – at one time, the asylum office was pulling “one year cases” and interviewing them and referring them to court more quickly. We have not seen that lately, and I do not know how the new Administration will deal with such cases. Also, of course, if they give you the chance, you can try to overcome the one year bar – I wrote about that on January 18, 2018. Take care, Jason
Hi, jason. As I can see your comments regarding the possible changes. What is your advice for an asylum seeker
Make sure you have your documents gathered so you are ready in case you get called for an interview or court hearing. The scheduling is not very predictable, and so it is best to be ready, in case you get called for an interview (court hearings are, for now, much more predictable, but that may change). Take care, Jason
Hi, Jason thank you in advance I have been granted asylum from asylum office. My question is can I apply green card without attorney? Thanks agian
You can, though if there are prior issues in your case (criminal issues, immigration violations), maybe you want a lawyer. I did posts on February 6, 2023 and November 13, 2017 that may be helpful if you apply on your own, but do make sure the I-485 is consistent with everything you’ve said in the I-589 and the asylum case. Take care, Jason
Hey Jason,
Just ha is for all your help I have a question.
I was granted asylum a while back and was going to apply to adjust status soon.
I want to clarify 2 things. I currently have a RTD which has allowed me travel. Once I introduce my i-485 do I need to apply for advance parole to be able to travel with no issues without abandoning my application or RTD is sufficient for asylees. I’m scared that if I don’t apply for AP and only use my RTD my application will be deemed abandon. And do I need AP for each time I travel?
Thanks
For an asylee, it is better to travel with the RTD. You do not need AP, even if you have a pending I-485. Take care, Jason
Hi Jason, I have a pending asylum case since 2017. I got my EAD renewal for next 5 years. My question is, can I go on cruise trip which is for 4 nights and the cruise covers Alaska and also Vancouver Canada. Is there any problem when I return?
Unless you have advance parole (or maybe some other non-immigrant status), I think this trip is a very bad idea. You are leaving the US, and you need a document to re-enter. Normally, that is AP. I wrote about AP on September 11, 2017, but if it is based on asylum, you need a “humanitarian” reason to qualify, and taking a cruise would not be enough. Also, it probably takes one year or more to get AP. I wrote about expediting on January 29, 2020, but again, you would need a reason to convince USCIS to do this. Take care, Jason
Jason,
Does USCIS treat affirmative asylum applications of those who missed the one year requirement and overstayed their visa (more than one year overstay) any differently than those who applied before one year and didn’t overstay their visa? Is their a focus on these applications? Meaning, would they target them by sending ICE to their homes or deport them just for the reasons above (missing the one year requirement and overstaying the visa)?
Much appreciated
So far, such people are not treated differently at the asylum office, except that they have to show they meet an exception to the one-year deadline or they will be referred to court. I believe such people could more easily be denied a work permit under the rules, but we have not seen that yet. I have not heard about ICE looking for such people. Take care, Jason
Hello Jason. Do you work on visa overstay forgiveness application aka 10 year bar waiver? Have you done that successfully before? How long does that process take? Can someone do it while being here in the US?
I have not done such a case in a very long time. There are different types of waivers, depending on what you need: provisional waiver, form I-601A, which can be done inside the US and the final processing is overseas, or a waiver that would be done after you leave the US. I think such waivers take a few years, but again, I am not sure and you would do well to consult a lawyer who does these waivers regularly. Take care, Jason
Hi Jason,
After over 10 years of waiting my asylum case has finally been approved Granted indefinitely by the Arlington Asylum Office! Here’s my timeline for others reference:
Submitted I-589 October 2014
*Interview Scheduled:** September 2024 (without needing a Mandamus lawsuit)
*Decision Received:** 5 months after the interview
Note: I visited USCIS for a case inquiry and got my approval after a week!
Good luck to everyone still in the process—persistence pays off!
Thank you for sharing and Congratulations! Jason
I sincerely appreciate your help with your expertise and dedication made all the difference, and I am grateful for your support. Thanks for everything you do!
Hello sir my name Harry
I came to usa in jan 2022
I have my 4 year son and wife back in my country
As i applied atslum in may 2022
Never received interview
Wanted to go for mandamus is it good time to do so
You can try – many people get interviews that way. However, having waited “only” 3 years, some lawyers would say that is not long enough to justify a mandamus. This seems to vary by asylum office and by lawyer, and so talk to a lawyer to see if they have had success filing cases for people who have been waiting 3 years. My guess is that it can be done, but I would talk to a mandamus lawyer to be sure. Take care, Jason
Jason,
If someone is barred for 10 years (after leaving voluntarily, no court orders) from entering the US. Then enters again from the borders (unofficially) knowing that he’s already been and still married to a US citizen but never applied for green card before getting the automatic bar due to a visa overstay. Can he still adjust the status through marriage after entering the US again?
To adjust status through marriage, you generally need to have entered the US with a visa. There are some rare exceptions, which I doubt would apply here, but talk to a lawyer about specifics to see what can be done. Take care, Jason
Jason,
My GC is based on asylum and its issue date is 01/2021 which means I can apply for citizenship in 01/2026.
My question is: How early can I apply for citizenship?
Thank you.
There are other requirements as well (physical presence in the US, no long gaps in presence, no criminal or immigration issues), but if the card is dated January 2021, the earliest you can apply is 5 years after the date on the card, and you can mail or submit the form up to 90 days prior to the 5-year anniversary, so that would be sometime in October 2025. I would be careful not to submit it any earlier, as it could be rejected or denied, and so I prefer to wait until at 80 days or less before the 5-year anniversary, just to be safe (so maybe November 2025). Take care, Jason
Good day Jayson
Thank you for your continuous help. I am currently in removal proceedings along with my child and ex-wife and am working on getting the removal proceedings terminated. Infact, my lawyer put in for PD with ICE base on my pending I-130 and got a call from ICE and they advice to file I485 now with my pending I-130 that it will give positive decision to the PD.
My lawyer advice to file I485 along with my child What forms do I need to file for my daughter along with mine? Your professional advice would be greatly appreciated. What will.be her status if I don’t file for her? If proceedings termination is successful, does it mean I don’t have an asylum case?
This is something your lawyer needs to advise you about, as I do not know the case or whether your daughter is eligible based on (presumably) your new marriage. To get a court case dismissed, you normally need proof that the I-130 is approved for you and your daughter, and that you and she have filed the I-485. You also need proof of eligibility for the Green Card, and that includes evidence that you entered the US lawfully. I would go over this with the lawyer so you know what is needed. Take care, Jason
Hi Jason, thanks for the information. After my lawyer evaluation, I’m qualified to apply for aos along with my child. But I’m just curious when he said my daughter do need a separate I-130 that I-485 is sufficient to move. Is this possibsl?
If the daughter’s green card is based on a US-citizen step parent, she needs her own I-130. Otherwise, the first and second pages of the I-130 instructions describes who is considered a “derivative” and does not need their own I-130. Take care, Jason
Hello Jason,
Back in May 2024 while my co8 EAD renewal was pending I was granted Asylum and received new EAD ao5. While asked if I needed to inform them about the decision I was told no need to. So today I got notice that my co8 EAD was approved and should receive it by March 2025.
Does this means that I would be having 2 EADs? Can you please explain. Thank you
I don’t know – the c-8 EAD should have been denied, since you are no longer a pending asylee. If you do get the c-8 card, I would just put it away and use the a-5 card, since that is the category for people with asylum. Take care, Jason
Hello Jason,
Just an update and advice.
I finally got the EAD today but it did not come in the category I applied for (C08) it came with my new status category (A05). They added a middle name 1st letter that indo not have since I mistakenly wrote not applicable for middle which I think the added N. Stand for it.
Also the card number on this new one is different from the one I got after being granted.
What would your advice be here. To return them the card for correction telling them I had one for the past 6 months. Or just discard it because both cards have different numbers and that the 1st card will expire 7 months before the new one.
Thanks for your time.
If the name and A number are incorrect, the card is not really helpful. If you go here https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document, and click on Replace EAD, you will see instructions about how to correct a USCIS error. It sounds like the “N” is a USCIS error, but I do not know about the number – maybe check your I-765 if you have that. I would try to correct it, even though you can probably live with the other card and be ok until you get the GC, it is best to have the EAD in the correct category. Take care, Jason
Hello Jason,
Can an asylee withdraw their asylum application if the threat is being eliminated in their home country?
Would that withdrawal impact the asylee in case of applying to a travel visa to come back to the US in the future?
You can withdraw and I wrote about that on December 7, 2022. Withdrawing does not erase the fact that you filed or that you possibly violated your prior non-immigrant status in the US, and so it may still be more difficult to return in the future. Some types of visas are not affected by an intent to immigrate to the US, such as the H1b or L, and so they may be easier to get than visas such as the B or F, where you have to promise to leave the US at the end of your period of stay. Take care, Jason
I withdrew my affirmative asylum application and returned to home country when the political situation had changed and no longer exposed to threat of persecution.Less than one year after returning home, i was very lucky to find an employer sponsor me an h1b visa and i returned this time round with my wife and kids.before that i tried to obtain b1 visitor visa to attend conference in usa but embassy would usually refuse, with the excuse that i could not prove if i never worked illegally while in usa while awaiting my asylum ead, which i insisted i did not.but still would deny me.When i went for h1b and h4 visa interviews, it was more smooth and got approved.But it all did not come just like that, i usually used to go for eucharistic adorations and prayer retreats for almost that one year i was in home country.it use to be hard without no jobs and i really prayed to God to open me a new way back into states, and He did.
Also, for the H1b visa, it is a “dual intent” visa, meaning that even if you have an intent to immigrate and stay permanent in the US, you can still qualify for the visa. That is not true for the B visa. Take care, Jason
Jason,
Will 10 year bar still automatically be triggered (after 7 years of visa overstay) if a clean slate person willingly and voluntarily leaves the US without being removed/deported and without any detention? Also, without going through the official departure ports?
Would that person still be able to get a travel visa and come back to USA legally again?
If you were in the US without status for 1+ years and then you leave, the 10 year bar is triggered. There are different exceptions and maybe you want to talk to a lawyer about that. Of course, if USCIS does not know you were here or left, it will be harder for them to enforce the bar, but it is probably difficult to live here for 7+ years without the US government having a record of that. Maybe a lawyer can help think about any ways to overcome the bar or to seek a waiver, so you can return in less than 10 years. Take care, Jason
Dear Jason,
I recently ordered your book, The Asylumist, on Amazon, and I must commend you—this book is truly a lifesaver. As an avid reader, I deeply appreciate the wealth of knowledge it provides. Unfortunately, many people do not cultivate the habit of reading, yet so many of life’s secrets can be found in books, much like the Bible.
I highly encourage everyone in this forum to get a copy because knowledge is power! Thank you for your invaluable work, Jason.
Best regards,
SAILOR007
Thank you – I am glad somebody read it! Take care, Jason
Hi Jason
Is USCIS bound to respond within “60 days” against a filed mandamus suit ?
Is it 60 business days ?
In my case it’s been 65 calendar days today and there is no response in any form by USCIS
Could there be any repercussions against them ?
I think they should respond in 60 calendar days if that is what the judge ordered. If not, you can ask the judge to sanction them or issue a new order. Take care, Jason
Thank you Jason, for a layman like me, what would possibly a sanction result be ? will it benefit me somehow for my case ? In your experience , has it happen before ? any reference if possible?
or lets say Judge issue new order … that would direct USCIS the same thing again … restarting 60 days again …
I am just discovering possibilities here, not a definitive direction
Thanks
Maybe a sanction would be that they have to pay your attorney fees, though usually, they will just agree to do whatever they are supposed to do, and they want you to waive payment of fees. In terms of the judge’s order, I don’t know, but I would think if they failed to follow an order the first time, the judge would be more aggressive this time. Take care, Jason
Hi Jason, my brother is here on F1. He just got termination and the letter stating that he has to leave by 17th February. Now we have filed i539 before 17th February. My questions are,
1 is he cosider as out of status?
2 can we file asylum if he is in the US since 2023?
3 i bought a car under my name and brother is driving that car with insurance. Is there any negative impact on pending asylum case?
Please help me out.
1 – It sounds like he is out of status, but if you filed a timely I-539 to change to another status, he is allowed to remain until that is decided, and he does not accrue “unlawful presence” while the I-539 is pending. 2 – You can, but he will need to show an exception to the one-year bar. Being in status is an exception, and so if he files in the coming days or a few weeks, he should be ok. I wrote more about the one year bar on January 18, 2018. Also, he might need to explain why he filed an I-539, seeking to extend his stay here, but promising to leave after that extension, but now he is asking to stay permanently based on asylum. 3 – I do not see why this would have a negative impact. Take care, Jason
Jason,
With a pending asylum case, can I adjust status through marriage (spouse is a US citizen) even if have a J1 visa 2 years requirement from 11 years ago?
What happens if I apply to adjust status without getting a J1 waiver? Have you ever seen anything like this?
If the J-1 has a two-year home residency requirement, you have to get a waiver of that before you can adjust status. If you do not have a waiver, the adjustment cases will be denied. If you win asylum, then a J-1 waiver is no longer needed. Take care, Jason
Hi Jason,
I hope you’re doing well.
Ten months ago, my friend filed an I-730 petition for his wife after his asylum was granted. Yesterday, he received a transfer notice stating:
“We have completed a preliminary review of your petition. The I-730 petition has been transferred to a USCIS international field office or to the Department of State in the country where your beneficiary lives. Once that office receives your petition, either the USCIS international field office or the NVC will send you instructions for your beneficiary’s interview.”
I’m a bit confused. Previously, USCIS used to issue an Approval Notice first, and only afterward would the NVC take over. Has this procedure changed?
Looking forward to your insights.
Y’all asking for friends here, hahaha You don’t need to be afraid to say “I”. No one is tracking you LMAO
Had this issue been mine, I would have said “I.” My family’s case was processed long ago. When I referred to the past, I was also including my own experience. I first received an approval notice, followed by another notice from the NVC stating that my family’s case had been transferred to the embassy.
However, in this particular instance, I am inquiring about my friend’s case. He shared with me what he received, and I came here to ask Jason, knowing that he has been assisting us for a long time.
Just a friendly reminder: Let’s keep the discussion focused and avoid unnecessary comments. Thank you!
I guess I also remember them issuing an approval before sending the case to the embassy overseas. Maybe this is a change in procedure or maybe it is something specific to this case; I am not sure. It sounds like the normal procedure for an approved I-730, so hopefully, it will process normally at the consular stage. Take care, Jason
Thank you, very much!
Hi Jason,
I wanted to provide a quick update on the case mentioned above. My friend received an approval notice yesterday, which confirms that the earlier transfer notice was merely an internal transfer within USCIS and not an actual approval.
Thank you,
Thank you, Jason
Hi Jason, I have a pending asylum and applying for an EAD renewal online for the first time and I don’t see an option of category c8 under the current immigration category dropdown menu however I see 999 category which says alien awaiting asylum decision, is that the category I would choose?
I have not used the online system much, but my understanding is that is the correct category. Double check the instructions to be certain. Take care, Jason
Hi Sir, will co8 Ead first renewal (completing 2 years) needing fingerprints ? Though there is auto extension of 6 months. And are new eads for 5 years ? Tyi
Hi Jason,
One of my parents lost an asylum case many years ago and has a final order of removal, but thanks to order of supervision they have been “allowed” to stay. I’m now in the military and trying to get the military parole in place but since they have a removal order (no other grounds of inadmissibility other than EWI) they can’t get PIP yet.
My question is- with the end (?) of widespread prosecutorial discretion, how difficult do you reckon it’ll be to get a joint motion to reopen with OPLA (I’m in a blue state not that it matters )?
Did you see any joint motions to reopen granted during Trump 1.0? I’m trying to remain hopeful.
I really do not know. I have not heard about DHS refusing all motions to reopen, and so if there is a basis to reopen, they might agree, especially if it involves a military family. On the other hand, it is not easy to reopen a very old case. I think if a legal path opens for your parents, you should talk to a lawyer about specifics to evaluate whether they have a path to status and whether a motion to reopen might be an option. Take care, Jason
It seems that USCIS re-uses fingerprints for most people and so you will probably not need another such appointment. The automatic extension is 540 days, and the new card should be valid for 5 years. Whether the Trump Administration is moving to change any of this, I do not know, but I have not heard of any changes yet. Take care, Jason
Jason,
When are you going to resume submitting affirmative asylum applications?
I never stopped, though I think I did not have any news cases in a couple weeks. We are working on such cases now, and I expect they will be filed soon. Take care, Jason
Jason,
What disqualify to get a work permit after applying for asylum more than one year after getting in the US?
Are there clear disqualifications? What qualifies for work permit if the asylee applied for asylum years after getting in the US?
The Trump Administration had looked at denying work permits to people who filed for asylum after they had been in the US for more than a year. The basis for that is the idea that they are ineligible for asylum (since asylum seekers must file for asylum within one year of arriving or demonstrate an exemption to that rule), and since the person is not eligible for asylum, they are not eligible for a work permit. Whether they will try this now, and whether they will be able to block certain people from obtaining work permits, we will have to wait and see. Take care, Jason
Jason,
For someone who entered the US legally, but overstayed and been out of status for years then applied for asylum due to Change of circumstances and other factors that could be life threatening.
Would that application treger ICE to come arrest that applicant? Even if the applicant is clean slate (no criminal records whatsoever).
I do not think that situation would be a trigger for ICE. However, filing late can be a basis to deny a work permit. We have not seen this in the past, but we do not know how things will work in the new Administration. On the positive side, I have not heard about ICE targeting asylum seekers, and as a person with a pending case, you cannot legally be deported, and so you should have some protection. Take care, Jason
Hello Jason,
Came to US (B1/B2) visa
1.Applied asylum, USCIS and immigration court denied, appealed and now my case pending with BIA.
2. My employer applied H1B visa got approval (Oct.2023-Oct.2026) but never get sticker visa since USCIS referred me to go abroad US to get visa and it’s a big risk since my asylum is pending.
3. My employer applied EB3, I’m expecting my PERM get approval by Aug.2025.
Questions:
1. Regarding my asylum do you expect I’m on risk by ICE?
2. If my EB3 get approval, do you think still I need to go abroad to get a visa and come back to change of status or I can request immigration judge to decide (COS) instead USCIS, because USCIS always sending me abroad for (COS).
Sincerely.
1 – I have not heard about them arresting people with BIA cases, but I guess they could. I imagine you would be more of a target if you had a criminal history or if the appeal is denied. 2 – This depends on many factors, but most people in this situation would not be able to get the GC at all, or would need to leave the US to get the GC, depending on your situation. If you have a lawyer, maybe the lawyer can map out for you, step-by-step, how you get from where you are today to having a GC, whether you have to leave the US, how that will work, and what are the other risks. This is all very fact specific and so you need a lawyer to analyze your situation to determine what is possible. Take care, Jason
Jason,
Do you work on J1 Waivers? If not, does anyone in your team specializes in that kind of application? If yes, please post their name(s) and contact information. I’d like to get a consultation. Thanks.
I do not do such cases, but if you reach out to the firm, someone can assist: https://www.murrayosorio.com/contact-us/. Take care, Jason
Jason,
Have you ever applied to visa overstay forgiveness form? If yes, how did that go?
If an asylee (with J1 2 years requirement to return home) has a pending asylum application then decided to risk his life (and wife and kids) by trying to go back home to fulfill the 2 years requirement knowing that the applicant overstayed visa years before applying for asylum. Can the applicant come back to the US with his American wife and kids? Will he need to apply for visa overstay forgiveness? How long does that process usually take?
A lawyer told me that if an asylee applies for asylum then apply for a J1 Waiver, the likelihood is that USCIS will send the J1 Waiver application to the asylum office and that file will sit with the asylum file together until the asylum case is figured out. That came from a well known immigration lawyer specializes in J1 Waiver.
He didn’t recommend applying for a J1 Waiver if there’s a pending asylum case. He says it’s a waste of time and money. He could’ve accepted the case and took the money but he’s saying that I don’t want to take your money over something I know that’s a big chance won’t work. I need your opinion about that, please. Thank you!
I don’t really understand the question, sorry. A person can do a J-1 waiver inside the US if he has a basis to get status here, but if he wins asylum, the J-1 waiver is no longer needed. If a person has “unlawful presence” in the US and then leaves, he may have a bar to returning here (a 3 or 10 year bar, depending on how long he was in the US unlawfully). It is possible to request a waiver of that bar, but it would likely take a few years to get a decision. Also, if an asylum seeker returns to the home country, it may appear that the asylum case was fake, since he returned home, and that could have a negative effect on any attempt to return to the US. I have never heard about a J-1 waiver application being sent to the asylum office; it is a different application and a different legal standard, but maybe that lawyer knows more about this than me, as I do not do J-1 waiver cases. In any event, I think you need to talk to a lawyer again about specifics and see what the options are, and then decide. Take care, Jason