Easing the Burden of Asylum Seekers… a Bit

by Jason Dzubow on January 28, 2016

It’s rare these days that I actually have good news to report from the Asylum Office, but recently there have been a few small improvements that are worth noting. These are not earth-shattering changes, to be sure, so don’t get too excited, but they do represent movement in the right direction.

There are plenty of things you can do without an EAD.

There are plenty of things you can do without an EAD.

First, as you may know, there are now long delays applying for and renewing the Employment Authorization Document (“EAD”) – the work permit. As the law now stands, you  must wait 150 days after filing the asylum application before you can apply for an EAD. During this period, it is often impossible to get a driver’s license or a job, or to attend school, so the sooner the EAD arrives, the better.

We used to see clients get the EAD in a month or two after filing, but recently, it is more like four months. Combined with the 150-day waiting period, this means that asylum applicants are waiting about nine months from the time they file for asylum until the time they receive their EAD. That’s a long time to be without the ability to get a driver’s license or a job, and it is one of the hardest parts of the application process.

After the EAD is received, it must be renewed every year. The earliest a renewal can be submitted is 120 days before the current EAD expires. But the renewals also take about four months, so even if you remember to file the renewal at the earliest possible date, you may end up with a gap between the old work permit and the new. This could cause you to lose your driver’s license or your job, and it is quite stressful for many people.

Fortunately, there is some relief in sight. Under new proposed rules, USCIS would automatically extend the EAD at the time the application for renewal is filed. In other words, when you submit the form I-765 to renew your EAD, you will receive a receipt after a few weeks, and this receipt will automatically extend the validity of your existing EAD. This rule also applies to EAD applications for refugees and asylees (people granted asylum), and a few others.

The rule has not gone into effect yet, and I am not 100% sure it is a done deal (though I do not see why they would change their mind). Perhaps if you are an asylum seeker who would like to see this rule implemented, you can tell USCIS about the hardship you’ve experienced due to EAD delays. Anyone is allowed to comment on the new rule by emailing [email protected] If you email them your story, you need to include the reference number of the rule in the subject line of your email, as follows: “DHS Docket No. USCIS-2015-0008”.

Perhaps coincidentally, I made this exact proposal for EADs a few months back. I presume that USCIS listened to me and they will be sending me a fruit basket to thank me for the good idea. Maybe they missed the other part of my proposal, where I suggested that EADs should remain valid for two years instead of one, but the automatic extension is a good start, and it will be a welcome relief for thousands of asylum seekers.

The second bit of good news is more minor, but it is still a positive development. It used to be that when submitting the asylum application (form I-589) and supporting documents, we were required to submit the original and two copies. The new rule is that we submit the original and one copy. OK, perhaps this is only something a true asylum geek can get excited about (and maybe “excited” is too strong a word), but it does save some money and some trees, so that is all good.

For me, these changes (particularly the change related to EADs) are a sign that USCIS recognizes the new reality created by the backlog: People are going to wait for a long time, and this is a hardship that needs to be addressed. If USCIS is willing to help out with EADs, I would hope that even more changes are coming. As I discussed previously, a few low-cost improvements might include prioritizing people separated from family members, making the Advance Parole process easier, and making the asylum application and waiting process more transparent. But that is a discussion for another day. For now, we can be happy that the burden on asylum seekers will be made a little lighter.

{ 94 comments… read them below or add one }

Atif June 29, 2017 at 11:52 pm

Hi Jason,

Thanks for all the good work you’re doing.

Please advise what is the average time for EAD renewal these days. I applied at Texas office.

I assume it should take around 4 months- as per your latest updates. Is it the same? I applied for renewal on June 21st 2017 and my EAD is expiring on Sep 9th 2017.

Please also advise, if they send me the acceptance/extension (180 days) will I have to take it with me for the Driver’s License extension too? Will they extend it based on that letter.

Once again, much appreciated for your selfless hard work.

TY,

Atif.

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Jason Dzubow July 3, 2017 at 10:53 pm

We are still seeing extensions take between 2 and 4 months. The receipts should allow you to keep working and extend your driver’s license for 180 days. If you need a link to the government regulations on this point, I provided that in a posting I did on January 25, 2017 (at the very bottom of that posting). Take care, Jason

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Atif July 3, 2017 at 11:06 pm

Jason,

Thanks for your message. I got the receipt today. I am a little confused. Should I wait for the EAD to expire and then use it to get my license extended- or should I take this receipt to DMV to extend my license. My license is expiring on Sept 9th.

Also I submitted my case of
-EAD renewal of Jun 21st (Wed)
– Notice date on receipt is June 28th (Wed)
– I got it today July 3rd (Mon.)

When do you anticipate a tentative date or estimated number of weeks it might take considering the given pace.

Thanks a bunch again.

Atif.

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Jason Dzubow July 4, 2017 at 10:17 pm

I doubt you will get the new EAD before Sept 9. I am still telling clients that EADs take 2 to 4 months, but in most cases, it is closer to 4 months. You might as well go to the DMV now, but I suppose there is no harm in waiting a bit – maybe you will get the new card before Sept 9, and so you will not have to make two trips to the DMV (one for the 180 day extension and one for the new card). Take care, Jason

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Atif July 3, 2017 at 11:45 pm

Jason,

Thanks for your message. I got the receipt today. I am a little confused. Should I wait for the EAD to expire and then use it to get my license extended- or should I take this receipt to DMV to extend my license. My license is expiring on Sept 9th.

Also I submitted my case of
-EAD renewal of Jun 21st (Wed)
– Notice date on receipt is June 28th (Wed)
– I got it today July 3rd (Mon.)

When do you anticipate a tentative date or estimated number of weeks it might take considering the given pace.

Thanks a bunch again.

Atif.

P.S. I am c8 category.

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Jason Dzubow July 4, 2017 at 10:20 pm

I responded to this previously. If you did not get it, please let me know. Take care, Jason

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Atif July 4, 2017 at 12:06 am

Jason,

Thanks for your message. I got the receipt today. I am a little confused. Should I wait for the EAD to expire and then use it to get my license extended- or should I take this receipt to DMV to extend my license. My license is expiring on Sept 9th.

Also I submitted my case of
-EAD renewal of Jun 21st (Wed)
– Notice date on receipt is June 28th (Wed)
– I got it today July 3rd (Mon.)

When do you anticipate a tentative date or estimated number of weeks it might take considering the given pace.

Thanks a bunch again.

Atif.

P.S. I am c8 category, sent to TX and have LIN.

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Atif July 4, 2017 at 12:07 am

Jason,

Thanks for your message. I got the receipt today. I am a little confused. Should I wait for the EAD to expire and then use it to get my license extended- or should I take this receipt to DMV to extend my license. My license is expiring on Sept 9th.

Also I submitted my case of
-EAD renewal of Jun 21st (Wed)
– Notice date on receipt is June 28th (Wed)
– I got it today July 3rd (Mon.)

When do you anticipate a tentative date or estimated number of weeks it might take considering the given pace.

Thanks a bunch again.

Atif.

P.S. I am c8 category, sent to TX and have new LIN on the receipt. My fees has also been withdrawn by TX office.

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Mary November 29, 2016 at 9:09 pm

Hi Jason,

My EAD expired 3 months ago, do I have the only option to renew it for $380? Is the new proposal you discussed in this article is implemented?

Thank you for all work you are doing!

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Jason Dzubow November 30, 2016 at 7:33 am

The proposal is not implemented yet. However, EADs are now being issued for 2 years. If you cannot afford the fee, you can ask for a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason

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Mary November 30, 2016 at 12:38 pm

Thank you so much, Jason!

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Nozim September 9, 2016 at 10:35 pm

Hi Jason!

Thank you so much for all your help, God bless you!

I’d like to find out if you have updates on the proposed amendment of the EAD renewal.

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Jason Dzubow September 12, 2016 at 2:14 pm

I do not, but I hope it is implemented soon. The delay is very frustrating. Take care, Jason

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Mr bean July 14, 2016 at 2:50 am

Hey can you help me please, I went individual immigration court hearing on January/28/2016 but ij doesn’t make any decisions, he said He’ll mail it to me, until now i don’t receive nothing, I call immigration court number and it’s says that my case is pending, what can I do please.

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Jason Dzubow July 14, 2016 at 6:17 am

Call the court directly and ask to talk to the Judge’s clerk (you will need to know your Judge’s name; also, you will need your Alien number). You can find the phone number if you follow the link at right called Immigration Court. Take care, Jason

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Sibongiseni Phiri April 11, 2016 at 5:03 pm

Hi Jason,

I have a friend in a predicament he diled for asylum before he recieved his asylum reciept from he was forced to move out where he resided,after leaving he was told that his reciept was recieved n needed to go for fingerprints, he was unable to due to financial constraints.The party that recieved the documents regarding his whole process has since moved aswell and claims to have lost his paper but he had recieved his A number and case number. After recieving these numbers he sent a letter of address change and he also sent a letter rescheduling his fingerprints appointment.it has been 3 months and there has been no response on any of his letters and requests.He decided on an infopass an went to jacksonviĺle USCIS to check what is going on and he was advised his application does not exist.please advise as he is confused and does not know where he stands can he maybe try go to an asylum.office instead or wat can he do going forward??

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Jason Dzubow April 12, 2016 at 6:22 am

He should email or go to the asylum office; not the Info Pass. Contact info and office hours for the asylum office can be found if he follows the link at right called Asylum Office Locator. Also, he can (and probably should) filer a freedom of information act request (using form G-639 available at http://www.uscis.gov) to get a copy of his file, which will include copies of receipts. If he is not sure that the case was actually filed, he may want to file again, but this can cause confusion, as he might have two cases – if he does that, he should explain that he is re-filing since he is not sure whether the first application was received. Take care, Jason

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Sibongiseni Phiri April 11, 2016 at 11:31 am

Hi Jason,

Hope u have been well, i applied for asylum last year september and i qulified in february to apply for an EAD,i applied beggining of march for my EAD i still havent gotten a response regarding my application,please nreak down the procedure for me wat the process is going forward ?

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Jason Dzubow April 11, 2016 at 3:08 pm

Typically, it takes 3 or 4 months to get the EAD. If you want to get an idea of when your interview will be, check the link at right called Asylum Office Scheduling Bulletin. Take care, Jason

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Sibongiseni Phiri April 11, 2016 at 4:52 pm

Hi Jason in that 4 months will there be any fingerprints that need to be taken?or they will just send me the work authorization document??

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Jason Dzubow April 12, 2016 at 6:19 am

You should be fingerprinted one time after you file for the EAD. Take care, Jason

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Asylum seeker May 7, 2016 at 12:21 am

Dear Dr. Dzubow,
I am currently waiting for my second EAD to arrive (renewal.) I am surprised USCIS didn’t request biometrics after I applied for my first EAD, hence, it did not have my fingerprint on it.
1) Is it a big deal?
2) Can I request them to fingerprint me so that my new EAD will have that information on it?
3) Why would they change their usual fingerprinting policy in my case?

Julia April 6, 2016 at 4:00 pm

Hi Jason,

I’m wondering if there is official USCIS policy on matching the start date of the renewal EAD to the expiration of the old EAD? I filed my renewal EAD application in December but only received my card a couple days ago. My status is asylum granted. My old card expired on March 3rd, and I had to take a leave of absence from my job. My new card has a late March start date. This is a problem for my employer because of the way appointments work at my university. (There can’t be gaps.) Should I try to file for a replacement card? Thanks for all your help. Your articles are hilarious and depressing at the same time.

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Jason Dzubow April 6, 2016 at 8:04 pm

I think if you have asylum and have the old EAD and have a receipt for the new EAD, you can work for 90 days (I am not sure about this). I think you can look up the USCIS employment immigration handbook and it may tell you. The above article relates to people with asylum pending. I may be wrong about all this. The only advice I can offer is apply for your green card as soon as you can, and if not, file to renew the EAD 120 days before the old one expires. You’d think there would be an easy fix for this – make the EAD valid for 2 years, or indefinitely. It seems that this change is not coming any time soon. Take care, Jason

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Asylum seeker May 7, 2016 at 12:28 am

Julia,

By law person granted asylum has unrestricted right to work in the USA. That means you do not need EAD to prove you have a legal right to work (I-94 is enough to prove that.) However, to make their life easier and for identification purposes a lot of people with asylum granted status choose to receive EAD.
I think in your case you shouldn’t worry at all 🙂

Additional information:
https://www.uscis.gov/i-9-central/complete-correct-form-i-9/complete-section-1-employee-information-and-verification/asylees-and-refugees

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Jason Dzubow May 8, 2016 at 11:11 am

I believe you, but I am not 100% sure about this (though I am too lazy to check your link). Julia should check out the link you provided. I thought (perhaps incorrectly) that a person with asylum could work with an EAD or with an expired EAD and the receipt for the new EAD. Thank you for the info, Jason

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Kevin P March 8, 2016 at 3:00 pm

Hi Jason,
Wow, I can’t tell you how much I appreciate the information you provide on your site. My family is hosting a gay Iraqi asylum seeker here in Seattle, and his lawyer recently submitted his I-765. Our guest may have a work opportunity in Atlanta later this year, but his lawyer has indicated that moving and changing his address will “reset” the timeline of his asylum case (which was filed in Sept 2015) and that it will be moved to another USCIS office. Is that really true? I apologize if you’ve addressed this particular issue previously, but I wasn’t sure how to search the site for it. Thank you! -Kevin

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Jason Dzubow March 9, 2016 at 10:54 pm

If it is a permanent move, he will have to file a change of address and the case will be moved to Atlanta. However, he should keep his place in the queue and not move to the back of the line. Take care, Jason

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Vahan February 29, 2016 at 6:46 pm

Hi Jason, thank you for your valuable work.
I am thinking of attending college when I receive my EAD. I contacted one of the colleges and they told me that being an asylum seeker student I will not be considered an international student, but in-state or out of stat student, they didn’t decide yet. So my question is, when I finally receive my EAD will I be considered a resident of the state where I have applied for the asylum?
I have come to the US in May of 2015 and I applied for asylum in early December of 2015 in California. Since my arrival I am living in California.

Thank You,
Best Regards,
Vahan.

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Jason Dzubow March 1, 2016 at 7:08 am

As far as I can tell, there are no rules on asylum seekers and college. I think the colleges themselves can decide whether you are in-state, out-of-state, international, or something else. Also, typically, an asylum seeker would be a resident of the place where she applied for asylum, but not necessarily. The only answer here will come from the college. Take care, Jason

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Asylum seeker May 7, 2016 at 12:33 am

Vahan,

You are very lucky you live in CA. According to CA laws being asylum seeker you are considered PRUCOL and may be eligible to be considered in-state resident for tuition purposes (as well as receive state financial aid.) You will qualify once you have lived in CA for 366 days from the day you have submitted your application for asylum.
Not many school officials know it though, so you may have to provide them with state laws in case they initially refuse to consider you resident.

Good luck!

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Vahan May 26, 2016 at 6:06 am

Thank You

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Asylum seeker June 17, 2016 at 5:14 pm

Vahan,

I suggest you to start checking out universities/colleges now and preparing for school as there may be a lot of work involved like taking English/Maths tests, evaluating transcripts from your home country (if you studied there in a university), translating your high school diploma, applying for Financial Aid (this is done very early!), planning course study, etc.

Take care.

Vahan September 21, 2016 at 12:31 am

Asylum seeker,

As you predicted some school officials have refused to consider me as an in-state student) could you please refer me to the exact CA state law which I can use to prove my right for the instate tuition.

Thanks

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Alex February 20, 2016 at 6:19 pm

Hi Jason
Thanks for your awesome blog and posts
I am on F-1 visa, and has kept the status for more than 2 years and still want to keep the F-1 status, so if my asylum got denied. I have a backup plan
However, I applied for asylum and my case is pending with USCIS
I applied for my EAD and received it , and no problem till now
now my question is, if I start working with ” pending asylum EAD “.
is my f-1 visa going to be terminated ?
I am located in California and I am really interested to change my attorney, do you think that you would be able to handle my case from Washington ?

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Jason Dzubow February 21, 2016 at 11:21 am

You can work with the EAD and continue as a lawful student (as long as you are a full time student). As for me, I can do a case anywhere, but since you have already filed the case, I am not sure what is left to be done. Anyway, feel free to contact me (not tomorrow – I teach on Mondays and so I do not generally respond to calls or emails). My email is [email protected]. Take care, Jason

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Massie Muchie February 15, 2016 at 6:24 pm

Hi Jason,

Thank you for this great blog and assisting us in our time of hardship, please assit me i recently move to Florida and i had filed while in Atlanta, i am now due to apply for EAD but i am not sure where to apply as i see that the offices changed from Arlington office to Miami office, Maimi is too far for me to travel with my 3 year old son and i dont not have any money to pay for hotel or boarding is it possible to request i stay at the Arlington Office fue to the reasons given above?

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Jason Dzubow February 16, 2016 at 7:17 am

You do not have a choice about where you interview – it just depends where you live (you can check the Asylum Office Locator – a link is at the right) and it will tell you your asylum office. As for the EAD, you apply based on your current address – you have to read the instructions on the form, I-765, and that will tell you where to file. Take care, Jason

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Daniel February 15, 2016 at 4:55 pm

Jason, I understand that if someone files an affirmative asylum claim and then moves to the jurisdiction of another asylum office before getting their EAD, that’s counted as a delay caused by them and stops the EAD clock. But if the applicant receives an EAD and then moves, does that cause any problems in getting their EAD renewed?

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Thomas February 15, 2016 at 11:25 pm

No. Nothing will be affected.

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Jason Dzubow February 16, 2016 at 7:12 am

Once you have the EAD, a move has no effect on getting future EADs. In fact, the new rule (which may or may not be implemented in all offices) is that a move before the EAD should not stop the clock. If that happens, you can contact the local office and they should be able to re-start it. Take care, Jason

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Daniel February 16, 2016 at 2:10 pm

Thank you!

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Abbas February 11, 2016 at 10:59 pm

Hi Jason

You are doing awesome by providing information to the most deprived and deserving people.
One question reply is requested.
Can I find a city which has more speedy process of asylum. I want to search a city where I can be interviewed quickly.
Waiting your kind response with detail.

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Jason Dzubow February 12, 2016 at 7:18 am

You can check the Asylum Office Scheduling Bulletin – a link is at right. You will see that the Texas office is “fastest,” but whether that will be true going forward, no one knows. It really is just a best guess. You can always ask to expedite a case, as I discussed in a posting dated February 26, 2015. Take care, Jason

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Na February 17, 2016 at 1:16 pm

You meant Nestor’s is the fastest now

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Na February 17, 2016 at 1:16 pm

Newyork

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Ri February 10, 2016 at 3:45 am

Hi Jason! I have a question. I’ve received referral to court after my interview because I applied after 1 year (the reason stated in letter says that I have not demonstrated that an exception to 1-year filing requirement applies to my case). Do I have any chance to get an approval in court? I was told that all I can expect is withholding of removal or denial:(( and both of these outcomes don’t seem optimistic. is it true? did you ever have any of your clients referred to court for that reason and still win and approval in their case? appreciate your time!

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Jason Dzubow February 11, 2016 at 7:44 am

This is not true – we have won many cases in court that were denied by the asylum office, including 1-year bar cases. The Judge will (hopefully) look carefully at the reasons for the delay, and if you can meet one of the exceptions to the one-year rule, you may be able to get asylum. Probably having a good lawyer will help you in this situation. Good luck, Jason

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Naeem shakeel February 7, 2016 at 3:58 pm

Thanks Jason for your efforts for asylum. I am from India and by profession attorney in my country. I am also member of International Bar Association. I entered in USA in August,2015. But due to thread I was no go back to India. In January 2016 I applied for asylum in Texes and facing hardshipss because I was not mentally prepared to stay their. I see all the laws that I can’t apply for EAD before 150 days of my case pending with USCIS . My question is that if a work on cash which know not a good thing and violation of law but situation is bad bcz my family has also financial problems in India and what action can be taken against me if i am caught by immigration authorities. I may be deported or which action can be taken against me because i can not know or find any law about this situation. secondly have any other way to work or get finamcial aid or loan from any NGOs or government financial institutions. Thanks

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Jason Dzubow February 8, 2016 at 7:17 am

I know of no way to get financial aid from the US government. However, if you work for case, it is not allow, but it has no effect on your asylum case. The employer could face a penalty, and there may be some type of civil penalty for you (I do not know), but it is very common and it does not block you from getting asylum. Good luck, Jason

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mohammed February 6, 2016 at 10:02 pm

hello jason
what is the best state currently for asylum regarding processing time and acceptance rates for Iraqis??
thank you

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Jason Dzubow February 7, 2016 at 12:58 am

I am going to write a blog post about acceptance rates in the next few weeks, so come back again in a few weeks. As for fastest, it is not really possible to predict. However, you can get some idea by checking the Asylum Office Scheduling Bulletin (a link is at the right). I caution you that this really does not tell you much about how fast the cases will move going forward, but it give you some idea. Take care, Jason

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Voipar February 4, 2016 at 5:18 pm

Hi Jason, I just received acknowledgement of receipt from DHS 1/22/16 of Form I-589. Fingerprints done on 01/29/16. Definitely my applications will be hear by IJ due to late filing. My questions are; When my clock going to start from the DHS received my application or my applications referred to IJ in order to apply for EAD? Thank you very much and more power.

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Jason Dzubow February 6, 2016 at 11:38 pm

The EAD clock starts on the date your application was received by USCIS – January 22, 2016. We have many people who file late and it is sometimes possible to convince the asylum office to grant your case anyway – there are exceptions to the one year filing rule. I would suggest you try to find an exception, as that is much better for you, and you will need to do that before the IJ anyway. Otherwise, the best you can get is Withholding of Removal, which is not nearly as good as asylum. Take care, Jason

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H February 3, 2016 at 7:52 pm

Hi
thanks a lot for this wonderful Blog, i did many things myself thanks to the info available in this Blog
i am writing today because i am very close to the desperate level
i am a Syrian, i came to the US on March 2014 with wife and two kids, i applied for asylum in LA office and got a notice dated on Apr 29th 2014, on Jun 10th 2014 i had my interview, by the end of the interview i was told that result will be mailed within 6 month
on Dec 3rd 2014 i was called by phone and invited to 2nd interview but after hour the officer called and canceled the appointment, in Feb 2015, they told me that Background check is pending and there are no need for 2nd interview, but on Oct 2015 i was called for 2nd interview, i had my 2nd interview on Oct 8th 2015 by a supervisor and i was asked to renew the finger prints asap, even he told me it is better to do it same day, after that day i visited the center on Nov, Dec and Jan, with no decision yet, on Nov they told me the back ground check is pending for me and my 4years and 7 years kids, but they have my wife result, on Dec they told me that my file is not on shelve where it suppose to be, On Jan they told me that background check is pending,
it is a long time waiting and we are all tired
i need to hear any advise from you
By the way, my Father, mother and brother are green card holders since June 2013 (from a relative) and my sister is citizen as she was born here,
Please any advise or word could help
thanks
best regards

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alex February 3, 2016 at 10:09 pm

Disclaimer- I am an immigration attorney and this not a legal advice … this is my experience.
I was in the same boat as you describe. I interviewed in 2014 a few months after filing followed by 2 years of waiting.
I did many things but nothing seemed to work. I just recently got my final denial, though I am in a non-immigrant legal status so I cannot go to court. That said, what you can do is the following:
1. Write letters to the asylum office.
2. Write emails to the asylum office. You can get the address/email addresses by googling.
3. File open a case assistance with the ombudsmam (http://www.dhs.gov/case-assistance)- Though I am not sure they help with asylum.
4. You can file a federal mandamus which will force the asylum office to make a decision. I believe this is the best option but you may have to hire an attorney.
hope you will have better luck than me.

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H February 4, 2016 at 2:13 am

Sorry to hear that,
What do u mean by non immugrant legal status?
Why the deny was final?
I have attorney,
Sorry to ask you but what nationality you are?

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Alex February 4, 2016 at 5:54 pm

I am syrian. Non-immigrant legal status means I am in the US with valid visa/status. Why final? this is how the asylum office works. First you get NOID then Final denial. After that, if you don’t have a status, you go to court otherwise you’re back to the default status you’re on

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H February 6, 2016 at 12:25 am

Thanx
I am Syrian too
R u going to court?

Jason Dzubow February 4, 2016 at 7:08 am

Unfortunately, there is not much you can do to expedite the background checks, and we are seeing very slow movement from the Asylum Offices in terms of issuing decisions. You can try the Ombudsman. You can also do a mandamus lawsuit. Frankly, since your family is together and you probably have the EAD, I think you are better off trying not to think about this and just living your life. There is so little you can do to make them give you a decision, that it is not healthy to be stressed about it (this is easier said than done of course). Hopefully you will get a good decision soon. Take care, Jason

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H February 6, 2016 at 12:30 am

Thanx for reply
Last question please
My parents on green card and my sister us citizen, can they apply for me if i am in the US as i have no place to go to?
Can i stay till i get the approval and go and get the visa from somewhere?
Is the asylum deny affecting that solution
Thanks again

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Jason Dzubow February 7, 2016 at 12:50 am

They may be able to apply for you, but there is a long waiting period. You can Google Department of State Visa Bulletin” to find a website with information about that. Take care, Jason

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H February 7, 2016 at 3:00 am

Thank u a lot

Alex Han February 2, 2016 at 7:53 pm

Thank you very much Jason, I just send you a comment on THE BLOGGERS, and I am currently experiencing the renewal EAD delay, It could cause me losing my job, I worked so hard to get passed the temporary position, it’s really heartbroken.and the first year not able to work really tortured me a lot. So do you think I could write to the USCIS email to request them send any paperwork or statement regarding my eligibility to work even my EAD not come on time? And how soon do you think these rules could be applied? Thank you Jason!

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Jason Dzubow February 3, 2016 at 7:37 am

I replied to the other post – I do not know when the new rules will go into effect. Take care, Jason

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Alex Han February 4, 2016 at 6:12 pm

Thank you Jason! Just let you know, I am so happy that my employer contacted the immigration lawyer in my company, and they say it’s ok for me to work without gaps! Thank you!

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Jason Dzubow February 6, 2016 at 11:37 pm

That is great, and there is probably very little risk to the company because once you get your new card, it will cover the “gap” period, so I highly doubt the company will have any problems. Take care, Jason

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mustafa February 2, 2016 at 11:46 am

Hi Jason,
I have a particular issue I am dealing with. I’m a Syrian national and was denied asylum just recently. I do have TPS and also an H1B through my employer who just started the residency process. I intend to use my TPS to obtain an advance parole to travel outside the country (Turkey) and back to see family that I have not seen in 10 years. My immigration attorney is confident this won’t have any ramifications on the H1B and the residency process. Still I am terrified of not being able to come back or that the parole may block my residency process when time comes to file for adjustment.

PS: I see lots of legal question in the comment section, I could help you adding a forum section to the site.. 🙂

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Jason Dzubow February 3, 2016 at 7:31 am

If you have an H1b, you should be able to re-enter using that – though unless you actually have a visa glued into your passport, you would have to go to the US embassy to get a visa. This should be do-able, and maybe that is your back-up plan if you for some reason cannot re-enter with AP. I do not know why you would be denied entry based on AP, though, so you should be fine. Worst case – if you get to the US and they try to send you out, you can claim asylum. You will get back into the US that way, though you might end up in detention until your case is sorted out. My guess is that you will be fine, though. As for the offer – thank you; I have been thinking about making some changes, but I don’t have the time for it just now. Take care, Jason

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mustafa February 3, 2016 at 10:41 am

Thanks .. Yes Entering on H1B needs a stamp from the embassy which woukd take long..therefore i want to do AP.. But my other concern is entering on advance parole could impact the residency sponsorship process my employer is doing, would it?

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Jason Dzubow February 4, 2016 at 6:49 am

I am not sure how AP and H1b interact, or how it would affect residency based on the job. This is something a lawyer would need to research. Take care, Jason

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mustafa February 5, 2016 at 4:48 pm

Hi Jason, my attorney mentioned that USCIS is more likely to deny advance parole? Do you have any info on this?

Ble Ble February 1, 2016 at 9:15 pm

Can I send additional evidence after my application has been submitted before my interview date?

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Jason Dzubow February 3, 2016 at 7:18 am

Yes – in our office, you must submit three copies and the latest you can submit evidence if one week before the interview. Other offices may have different rules, but you certainly can submit evidence prior to the interview. Take care, Jason

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Naeem shakeel January 31, 2016 at 8:51 pm

Thanks Jason for your efforts for asylum. I am from India and by profession attorney in my country. I am also member of International Bar Association. I entered in USA in August,2015. But due to thread I was no go back to India. In January 2016 I applied for asylum in Texes and facing hardshipss because I was not mentally prepared to stay their. I see all the laws that I can’t apply for EAD before 150 days of my case pending with USCIS . My question is that if a work on cash which know not a good thing and violation of law but situation is bad bcz my family has also financial problems in India and what action can be taken against me if i am caught by immigration authorities. I may be deported or which action can be taken against me because i can not know or find any law about this situation. secondly have any other way to work or get finamcial aid or loan from any NGOs or government financial institutions. Thanks

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Base January 31, 2016 at 7:25 pm

Hello Jason,

I am a Syrian Asylum seeker, i submitted my application to Arlington office in mid of November 2015, so i should apply for EAD by April 15.
Can i submit the EAD application before the due date?
How long is it taking to get the EAD in Maryland?
Can i go to the Asylum office and explain my situation or there is no Customer service there?

Thank you

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Jason Dzubow January 31, 2016 at 8:53 pm

You can go to the Asylum Office, but there is little they can do to help you. You can ask them to expedite your case. You cannot file early; if you do, you risk having your application rejected – this will take over a month, and so it will waste a lot of time. We are seeing EADs take about 4 months, so it is pretty slow. There is nothing really you can do about that. Good luck, Jason

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Ammar Al-Bayati January 29, 2016 at 2:24 am

I have just submitted my papers to renew my AED , it will get expired on April 29th 2016 , I lost my job last year cos of the delay it took 110 days , hopefully if the new rule will go through then I ll be in the safe side .

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Jason Dzubow January 29, 2016 at 7:30 am

I do not know if the new rule will go into effect soon enough to help you this time, but maybe if you are still waiting next year, the rule will be in effect. Hopefully you will get the new permit before April 29. Take care, Jason

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Thomas January 28, 2016 at 8:23 pm

Yes!! I don’t know about you, but I find these steps very considerable. We literally just saved an average of 100 trees. That way, we have more oxygen for when I get panic attacks the moment I remember the asylum backlog in the U.S.

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Jason Dzubow January 28, 2016 at 8:35 pm

I like the way you think.

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John Adewoye January 28, 2016 at 5:00 pm

This is a welcomed news. Thanks Jason. I will particularly encourage all those in our program to reach out to Uscis.gov with their stories.

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Tina February 1, 2016 at 11:07 am

It has been hell. Jason could you please give me your private email?

I want to ask you some personal questions and would like to get in touch with John Adewoye. It’s exciting that someone from my part of the world is here too. It would help emotionally to get in touch with him.

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Jason Dzubow February 1, 2016 at 3:15 pm

I have no contact info for John Adewoye, but maybe you can comment on his comment and he will receive it. My email is [email protected]. Take care, Jason

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Tina February 3, 2016 at 12:53 pm

Hi Jason,

I was wondering if you got my email. Not stampeding you for a response but just want to be sure that you received it.

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Jason Dzubow February 4, 2016 at 7:00 am

I am about 2 days behind in replying to emails. If you send it more than 2 days ago, please re-send; otherwise, I will reply today or tomorrow. Take care, Jason

Alena January 28, 2016 at 2:26 pm

Thank you very much, Jason for the information and good news. Hopefully it will go through.

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Tareq January 28, 2016 at 1:56 pm

Hi Jason. Thanks for the post. I am Syrian and I applied for TPS for the first time on August 2013, I didn’t include my wife since she is Jordanian and not Syrian, and I was granted TPS status until March 2015, and I also received EAD expiring on March 2015 . When the USCIS opened re-registration period on January 2015 I applied on February 2015 again to extend my TPS and my work permit. I was approved for the work permit renewal and the new expiration date is September 2016 but I didn’t receive anything about the TPS, it is still pending. However, I applied for asylum in July 2015, and I included my wife in the application. In mid December we passed the 150 days rule, so my wife applied for EAD and her application still pending. Now my question is about me, shall I apply for a new EAD based on asylum now or I should wait until 120 days before my current EAD expires? And if my TPS was approved shall I apply for EAD renewal based on asylum or TPS? and in case I want to apply based on asylum should I pay the fees or it will be considered first EAD application as asylum?

Many thanks for precious efforts.

Regards,

Tareq

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Jason Dzubow January 28, 2016 at 8:35 pm

If you apply based on asylum, there is no fee for the first EAD. I do not think it matter whether you apply based on TPS or asylum. One thing I do not know – can you apply for TPS and not also apply for the EAD. I have never done that and I do not know whether it is allowed. Anyway, maybe if you have 2 EADs you will get 2 jobs. Take care, Jason

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Tareq January 29, 2016 at 12:29 pm

Thanks Jason! DO I have to wait until 120 days before my current EAD expires or I can apply now based on asylum? By the way, I have 2 jobs already, but apparently I need a third one!! :S

Regards,

Tareq

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Jason Dzubow January 29, 2016 at 2:26 pm

If you have 150 days since you filed for asylum, you can file for the asylum EAD now. If you are renewing an existing card, I think you should do that 120 before the old card expires. Try to take a vacation if you can. I will too…

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Tareq January 29, 2016 at 3:02 pm

Alright! Thanks very much for your precious help Jason 🙂 I really need a vacation, but unfortunately it is not applicable until I finish my PhD,a research assistant has no vacations before graduation :(!! Enjoy yours though!! 😀

Jason Dzubow February 6, 2016 at 11:48 pm

We have had success with this – you have to give a good reason based on a humanitarian ground, but the results have been somewhat unpredictable. I think USCIS is getting better about this. Give it a try and hopefully you will have success. Good luck, Jason

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Jason Dzubow May 8, 2016 at 11:08 am

If they need fingerprints, they will ask for it – you should not worry about it, and there is nothing you can do about it anyway. Take care, Jason

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