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
Jason,
If someone leaves the US with a pending asylum case and visa overstay before applying for asylum then travels to another country where he can apply for an asylum. If that person gets a citizenship from another country can he enter the US with that second citizenship and apply for a green card marriage based?
Maybe. First, it would be a good idea to withdraw the asylum case if you leave the US. I wrote about that on December 7, 2022. If your case is in court, you can ask the judge for voluntary departure before you leave the US. Both these ideas will hopefully avoid getting a deportation order, which makes it hard to return. Second, depending how long you overstayed, you may have a bar to returning to the US. If you overstayed for 180 days or more, there is a 3 year bar to returning, but if you overstayed for 1 year or more, there is a 10 year bar to returning. You can ask for a waiver, which is permission to return early, and maybe that can shorten the time. Take care, Jason
Hi Jason,
My questions I hold green card based on asylum on my green card residence date is April 2021, when do I apply for citizenship?
Thank you
Jason,
How’s the new green card marriage based different now than before? Anything significant and crucial?
Will those who overstayed their visa then got married to a US citizen won’t be able to adjust status in order to get a green card?
There are no changes. Maybe delays are getting longer, but it’s hard to tell. People who enter on a visa and overstay are not blocked from adjusting if they marry a US citizen. Take care, Jason
Hi Jason, First, thank you for your April 2 blog post. It expressed exactly what I’ve been thinking and feeling, particularly since the ICE arrest of the Tufts student.
I’m a retired attorney in California. I never practiced immigration law before but am now handling a pro bono asylum case for a family from Russia. (A group of volunteers from my synagogue have been helping the family find housing, healthcare, enroll in school, get a donated car, search for jobs, etc. The family is not Jewish, btw.)
The family came through MX with a CBP One appointment in 2023, got an MCH scheduled for this summer, and filed barebones asylum claims before the 1-year deadline. They recently received work permits. In Russia they were openly anti-Putin, anti-war activists who attended rallies and hated the propaganda their kids were being fed in elementary school, which got worse after Russia invaded Ukraine. As the war dragged on and their son questioned why his parents didn’t agree what he was being told in school, they feared that their kids might be taken away from them, that they’d be jailed, and that the father might be conscripted. He’s of Ukrainian descent too.
I’m currently working on drafting detailed affidavits, arguments and country conditions, but haven’t filed the EOIR28 yet. I have a few questions on my mind and wonder if you can help:
1) Given the uptick in ICE detentions, should I give the parents a letter on letterhead to carry around stating that I’m their immigration attorney? They’re nervous about being detained by ICE and I wonder if having an attorney could be a deterrent to detention. I told them I think risk is low that ICE would target them, given the family’s ethnicity and country of origin. But you never know these days…
2) Do you have any general tips on how to argue a political asylum case for Russians based on fear of *future* persecution?
3) Do you know of legal organizations that share redacted asylum declarations we can learn from? I’d love to get a sense of how much detail is needed, how arguments are structured, and how evidence is set forth.
Thank you for your time. Any tips you can provide would be most appreciated.
1 – I don’t think a letter will help, but I do think they should have a plan to contact you if anything happens. I doubt ICE would come to their house, but if they have a check-in, it is possible they (or at least the father) could be detained. The main issue here may be that they seem to have come to the US less than 2 years ago, and could thus be subject to “expedited removal.” I doubt this would happen, but I guess it could – if so, they would have to do a credible fear interview (initial evaluation of asylum eligibility) and if they did not “pass” the interview, they could be deported. If they did pass, they would go back to an Immigration Judge. Again, I think this is unlikely and since they already filed an asylum application, they can probably pass the interview. 2 – I guess it depends on their level of opposition to Putin. Is it public? On social media? Maybe you can find articles or reports about similar people who were detained in Russia or harmed. 3 – I don’t know about that – I’ve written about affidavits here several times (https://www.asylumist.com/tag/affidavit/) and maybe that would help. Take care, Jason
Hey Jason,
I had a question, I married a US citizen last year and recently got my GC. Since I was the one who took the financial responsibility as in the sponsor while filing the application. At that time I was employed and had no problem paying all the expenses we had as a family but my work permit that was based on my OPT expired in july and didn’t not receive the other one in time so I lost my job and since then I’ve been trying to get a job but couldn’t find one as of yet. And recently we had a baby, so I was wondering if I apply for EBT on his behalf will that affect my case in anyway, I haven’t got any type of benefits from the government as of right now. Some of my friends suggested getting Medicaid and ebt for the child but the only thing that is holding me back is what if I get some sort of benefits, that can affect my case in the future when getting a permanent GC or when I apply for the citizenship.
Thanks.
I am not sure, but I think it does not affect you. The public charge rules apply to a person seeking a green card, but when you apply for citizenship, I believe the form does not ask about that (and I think the I-751 application to remove the condition on your GC does not ask either). You might take a look at the different forms to see whether they discuss this: I-485, I-751, and N-400, or talk to a lawyer if you are not sure. Take care, Jason
Hi Jason, Do you have any insight about the pause on green card processing for “certain” aslyee? What does it mean and who will be impacted? Looking forward to reading your article on this! Thank you.
I don’t. All I’e heard is that there is a pause, but we don’t know who is affected, how long it will last or really, what will be accomplished during the pause. If I have more info, I may do a post, but for now, I don’t know much else. Take care, Jason
April 3, 2025
Hi Jason,
I wrote below message the day before yesterday! I still need your substantial support for the following case.
I graduated in 2024, and my OPT will expire in May 2025. Unfortunately, my field of study is not on the STEM-eligible CIP code list; hence, I think I am not eligible for a 24-month extension. On the other hand, I couldn’t find organizations that were keen on filing about employment-based petitions (H-1B visas) on my behalf.
Since time is very short, what would you advise me?
I need your considerable advice.
Best regards,
I cannot advise you based on this information, as I do not know what you want to do. Are you trying to get a job? Get married? File for asylum? Without specific info, I do not know what is needed. I do think you should talk to a lawyer about specifics and let the lawyer know your goals. Hopefully, the lawyer can propose a way to help. Take care, Jason
Hello Jason
My asylum was approvd in 2023 and I applied I-485 i recieved RFE requezt in feb 30th which I sent on 10th march , its been delivered since 3 weeks , but no changes when i check online status it still show RFE requested , How long it takes to change status ?
At least in my experience, it used to be that most I-485 cases were decided soon after the person responded to an RFE (though this also depended on what was needed in the RFE). However, in the last year or so, that has not really been the case and we often see cases taking months for a decision after the person responds to the RFE. Hopefully, it will be soon, but it may not be that soon. Take care, Jason
Hi Jason,
I graduated in 2024, and my OPT will expire in May 2025. Unfortunately, my field of study is not on the STEM-eligible CIP code list; hence, I think I am not eligible for a 24-month extension. On the other hand, I couldn’t find organizations that were keen on filing about employment-based petitions (H-1B visas) on my behalf.
Since time is very short, what would you advise me?
I need your considerable advice.
Best regards,
Do we know any changes in the EAD policy? Is the USCIS still issuing 5-year EADs or did they return to the 2-year EADs as before ? Also any news of difficulties or EADs being delayed ? Thank you Jason,
I have not seen any changes yet in terms of processing time, and they are still issuing 5-year EADs for people who have pending asylum cases (category c-8). Take care, Jason
I think you should consult with a lawyer to go over specifics and see what your options are. If you are considering asylum, keep in mind that you have to file within one year of your last entry to the US, or meet an exception to that rule, One exception is that you maintained lawful status, which it sounds like you did, but once your status ends (and maybe it already ended if you do not have an OPT-qualifying job), then you have to file within a “reasonable” time, which is not defined, but less then 2 or 3 months is probably reasonable. Six months or longer is probably not reasonable. In other words, once your status ends, if you want to file for asylum, you should do that as soon as possible. I wrote more about the one-year bar on January 18, 2018. Take care, Jason
Hi Jason, there has been an online advice given to all immigrants, including those with green cards, to avoid traveling until the details of the upcoming travel ban are announced, and it becomes clear who will be impacted. However, it has now been reported that the travel ban is delayed indefinitely. The article notes, “The State Department said Monday it is continuing to work on the report that would serve as the basis for the anticipated visa restrictions but could not say when it would be ready.”
Full article: https://www.usatoday.com/story/news/world/2025/03/31/trump-travel-ban-visa-restrictions-delayed/82744274007/
Given this uncertainty, how should people with green cards—whether obtained through asylum or other ways—navigate their travel plans? While it’s important to recognize the risks, it’s also crucial not to live in fear. For instance, if someone needs to travel to visit a sick parent in a third country, what steps should they take?
I do not have a good answer for this. We thought the travel ban would be implemented by now, and I still expect it soon, so I have been advising people to wait to see what it says. However, if the waiting continues for a while, people will have to make their own decisions and weigh the risks. Maybe one idea is to have a flexible ticket, so you can hopefully return quickly, or to keep the travel short, in the hopes that you will be back before there is a ban. Otherwise, I guess just keep an eye on the news and if it seems like there will be a ban, try to return as soon as possible. None of these are good solutions, but until the uncertainty is cleared up, I am not sure what else to do. Take care, Jason
Jason,
I agree with the questioner. There is no ban so far despite the fact that the 60 day deadline since Jan 20 has passed. People cannot just have their life on hold. What if there is no ban by the end of the next 4 years? In that case, people would have wasted opportunities for travel.
That is true, and we thought the ban would be issued by now. Each person will have to weigh the risks and make their own decision, as it is possible that there will not be a ban, or that it will be in a very different version than the ban during Trump’s first term. Take care, Jason
Hi Jason
we were granted asylum in October 2024. With all the new regulations and pauses for asylum GC, can we still submit our I-485 form by our selves without hiring a lawyer? we can not afford lawyer’s fees. Does hiring a lawyer to file I-485 increase the chances of the adjustment of status being approved?
I am not sure that a lawyer causes the chances of adjustment to be approved, but they can look for any legal issues and will double check the form to be sure it is ok. The most important thing is that the I-485 is consistent with the I-589 and any other forms you filed, and so if you check that and are careful, you should be ok. I wrote more about this issue on November 13, 2017. Take care, Jason
I applied for asylum in the U.S. nine years ago. However, about three years ago, I had to leave due to a family emergency in a third country (not my home country). I applied for advance parole, but USCIS took a long time to respond, and their response came just a few days before my departure—too late for an emergency.
In November 2022, I attempted to return to the U.S. but was denied entry at the Mexican border. Since I cannot return to my home country, I went back to the third country where I currently reside. Now, USCIS has scheduled an asylum interview for me, but I am not in the U.S.
I do not want to jeopardize any future chances of returning to the U.S. legally, as I have a son there whom I have not seen in years and would love to visit. What is the best course of action to avoid complications with future visa applications or travel to the U.S.?
If you cannot return to the US for the interview, it is best to withdraw the asylum case. I wrote about how to do that on December 7, 2022. If you do not withdraw, the case will be sent to immigration court when you fail to appear for the interview, and then the judge will eventually order you deported, when you fail to appear in court. If you get ordered deported, it will be more difficult for you to return to the United States, so filing to withdraw as soon as possible is the best course – you will need to provide evidence that you left the United States, and then they should withdraw your case, which should hopefully avoid a deport order. Take care, Jason
Jason,
Can I update my asylum application with anything new that happened after I submitted my case? How do I do that?
You can. Normally, you do that prior to the interview by submitting additional information to the asylum office or to the court. There are rules about submitting evidence, depending where your asylum case is located, and you would need to comply with those, but generally, I think it is best to submit additional evidence only once – before the interview or final court hearing, and to submit all the new evidence at the same time. Take care, Jason
Dear Jason,
I hope you and your family will be fine and healthy,
I contacted USCIS as per your suggestion to expedite my family i730 petition and the response was pretty quick.
First I got a service request number and and an instruction that I will be contacted in next few days regarding my request and an officer will talk to me and I got surprised that I was contacted the next day of my call and then got an email too in two days in which there was a note written, ” We have determined that your situation and the evidence you have in your possession meets the minimum criteria for your expedite request to be forwarded to the office with jurisdiction over your case”. That email was sent to my email address and they sent it to my wife, furthermore they told my wife, that office might ask her to send that evidence through either email or physical mail so be ready to send it to the office.
Now I got another email today from said office of jurisdiction, which was addressed to me and I have been told that, ” Based on a review , your case does not meet one or more on the expedite criteria or otherwise merit expedite processing.” , and they just denied it.
I got a little confused because both statements are totally different from each other, is it normal? Both offices represent the same , I mean USCIS so I got a little confused and disappointed, so I need your opinion if I could get.
Thanks again for your great efforts towards the community.
Regards
This is very frustrating. It may be a change in overall policy (not not expedite cases) or it may be something specific to your case. I do not know. You may want to try again to expedite and see what happens. If you reach a person, you can tell them that the previous expedite request was approved and then cancelled. I do not know whether it will work, but it is worth a try. Good luck, Jason
Thanx alot Jason I will try to contact them again
Thank you for your help. I lost my green card without uknown reasons, Is that affect my citizenship application? Currently, how long will take to replacement a new one?
You can file to replace your GC using form I-90, available at http://www.uscis.gov. I do not know how long it takes to get the new card these days. It is better to have the original card when you apply for citizenship. Whether you can apply without the original card, I am not completely sure and you may want to have a lawyer check that before you try. Take care, Jason
Hi sir, for Ead renewal the money should be payable towards USCIS or DHS ?
Thanks
You can file online and pay that way, but if you pay by check, it is to Department of Homeland Security. Take care, Jason
Hi Jason,
I received my green card through asylum last November. I am planning to travel to a third country (Turkey) with my family for three weeks to visit my relatives after nine years. I also have travel documents. Do you think it is safe, or could there be any issues when I return to the border?
Hi Jason,
I received my green card through asylum last November. I am planning to travel to a third country (Turkey) with my family for three weeks to visit my relatives after nine years. I also have travel documents. Do you think it is safe, or could there be any issues when I return at the border?
If you have a valid Refugee Travel Document, you should be fine. However, a travel ban is supposedly coming soon, and if you are from a banned country, that could affect your ability to return here. You may want to wait until the ban is announced so you know whether you are affected. It is certainly better to know this before you leave the US than risking potentially being stuck outside the US when it goes into effect. Take care, Jason
Hello Jason,
Thank you for all what you do.My sister filed for 1-485 in February 17 2023,onthe case status her case was transferred to another office for jurisdiction in September 14,2023,again in March 25,2025 her case was transferred to another office for the same reason (jurisdiction)does she have any reason to worry or it’s something common.
Hey Jason,
My sister filed 1-485 on February 17,2023,,in September 14 2023 on the status ,they said they have transferred her case to another office for jurisdiction and again in March 25,2025 on the case status ,they transferred her case to another office for jurisdiction.
Does she have a reason to worry or it’s a common thing.
Please advice.
Thank you.
It is pretty common. The case is moving slowly. Now, we have recently learned that USCIS is “pausing” I-485 forms filed by asylees and refugees, so if that is her category, she might face even more delay. If it does not get processed, she could consider a mandamus lawsuit to force USCIS to finish the case. Take care, Jason
I hope you’re doing well. Just wanted to double check plzz….. my upcoming N-400 application *April 7th 2025
July 2025, I will be relocating to another state “baltimore” and now i live in “PA” for a one-year temporary work assignment. I’ve already signed a contract with my employer here in PA, and I plan to return to my permanent residence by July 2026. I own my current home and intend to keep using it as my permanent address.
Given that my move is temporary in baltimore and my permanent address will remain the same in PA, would you advise updating my address in my USCIS account during that one-year period? I’ve heard that updating the address might delay the application process, and since I’ll be returning to my permanent residence, I want to make sure I handle this properly without causing unnecessary delays. What is the best way to do this.
Thank you in advance for your guidance.
I am not completely sure I understand the question, but if you have a permanent address where you have your driver’s license, taxes, bills, etc., and you go stay somewhere for a temporary period, I would probably not change my address with USCIS unless you no longer get mail at the permanent address. Otherwise, that sounds like you main address and the fact that you are staying somewhere else for a short period does not change that. When you fill USCIS forms or are asked about this, you should probably list both addresses as overlapping, but indicate that the one address is permanent and the other is just a place you stay sometimes for your job. Take care, Jason
Hi Jason,
I had my interview on Mar 17th at the Newark Asylum Office. Interview went really well and the officer was very polite throughout. Towards the end, RFE was issued for regarding firm resettlement bar which I already provided. They have asked us to come back again on Mar 31 to collect the decision and asked to come with all the dependents. Is there anything I can make out to understand which way they’re leaning?
There is no way to know until you go there. Supposedly, they will be trying to issue decisions in person for most cases. Hopefully, you will get positive news, but it is also possible the decision will not be ready by March 31, and so you have to remain patient until you get the decision. Good luck, Jason
Hi,
Thanks for all your help.
I don’t know if you have seen it yet but apparently Trump administration has asked USCIS to pause applications for greencard for Asylees and refugees. What does it his mean? I was granted asylum last year in December and was waiting to apply on June. With this should I apply now since it might take longer or will there even take my application? This is crazy
We don’t exactly know what this means – how long the “pause” will last, whether it will be blocked by a court, whether some cases will still be processed. I think we have to wait and see, but presumably, even if such cases are paused, you can file a mandamus lawsuit to force USCIS to process your case. This is obviously not preferred, as it is expensive, but it may be an option. I would wait at least 6 months after winning asylum before you file the I-485 – I wrote about that on February 6, 2023, but you also have to keep an eye on this rule to see whether the Trump Administration requires people to wait a full year before filing for the GC. So far, that has not happened, but I guess it could. Take care, Jason
Hello
I have a question regarding the cancelation of removal. 10 years are counted from the day you arrived in the US or the day that is showing on your receipt of the i589 form.
Also, does your office do such cases in Nyc?
Thank you
The 10 years starts to count from the day you arrive in the US and the clock stops once the Notice to Appear is issued (this is the document that commences the immigration court case). Our office does such cases in NY – we have an office in Newark. Take care, Jason
Hi Jason,
Thank you for always giving us valuable advise.
Is there any way you may know of that a spouce of H1B visa holder can get a work permit before the h1b employer files I140 for the h1b employee,which i hear some employers even wait to file in the 5th year.We are just in our first few months and obtaining one by changing from h4 visa to student visa may not be advisable
I do not do such cases and I don’t really know. I think the spouse cannot get a work permit based on the principal’s H1b, but they can try to get a work permit based on other types of applications if they are eligible. Take care, Jason
Hi Jason,
I applied for renewal of my EAD (i765) under section c8 back in September, before I was granted asylum. Today when i checked the status of my application, it says “case was denied”.
Am confused , is this because i am granted asylum and I need to file under different section? Also is this a common situation?
I need your usual help,
Thanks, Jason
Hi AB, that’s normal don’t worry, USCIS automatically is going to issue a new EAD under (a5) granted asylum and when you receive your Green card you do not need an EAD anymore.
Ok,
Thanks Nicki.
Blessed day!
It could be because you received asylum and will get a new EAD based on asylum granted, but it could also be for another reason. You should get a paper notice soon, and that is the only way to know for sure. Take care, Jason
Ok, will check .
Thank you Jason.
Blessed day!