Asylum for Witches

by Jason Dzubow on October 30, 2017

Just in time for Halloween, the Witchcraft & Human Rights Information Network (“WHRIN”) has released a report called “Witchcraft Accusations and Persecution; Muti Murders and Human Sacrifice.” The report was prepared for the United Nations Expert Workshop on Witchcraft and Human Rights, which was held last month, and it discusses the wide-spread and under-reported human rights problems related to witchcraft and other harmful traditional practices. From the WHRIN report–

Persecution.

In numerous countries around the world, harmful witchcraft related beliefs and practices have resulted in serious violations of human rights including, beatings, banishment, cutting of body parts, and amputation of limbs, torture and murder. Women, children, the elderly, and persons with disabilities, such as persons with albinism, are particularly vulnerable. Despite the seriousness of these human rights abuses, there is often no robust state led response.

The report indicates that the “exact numbers of victims of such abuses is unknown and is widely believed to be underreported.” “At the very least,” the report continues, “it is believed that there are thousands of cases of people accused of witchcraft each year globally, often with fatal consequences, and others are mutilated and killed for witchcraft-related rituals.” The number of cases—and the level of violence against victims–seems to be rising, and no area of the world is immune, though most of the documented cases are found in India (120 reported cases in 2016), Nigeria (67 cases), Zimbabwe (29), and South Africa (28).

This is all very sobering, and sad. In my work, I have represented a number of victims of traditional practices who have filed for asylum in the United States. One memorable case involved a young man from Rwanda who was gay. His family decided that he was possessed by demons, and so they had him kidnapped and held in a rural area where he was subject to a three-week exorcism ritual by some type of priest. The ritual involved beatings and starvation, among other things. We argued that all this amounted to past persecution on account of a particular social group—gay people. The government accepted our argument and approved the man’s application for asylum.

The success of our case was due, perhaps, to the fact that our client easily fit within a protected category for purposes of asylum (there are five protected categories—race, religion, nationality, political opinion, and particular social group, and under U.S. law, it is well-established that LGBT individuals can constitute a particular social group; unless a case fits within a protected category, asylum will be denied). Not all victims of witchcraft-related persecution fit so neatly into the asylum scheme, as the WHRIN report makes plain—

Those accused of witchcraft, or at risk of such accusations, are not a well-recognised vulnerable group [under the asylum law], and they do not accrue specially recognised rights as such. They do, however, benefit from human rights protections which are available to all people. Those who face persecution in this way may flee and seek protection in other countries, but their situation is precarious even in exile.

The WHRIN report primarily discusses British law, but asylum applicants in the U.S. could face a similar problem. I have not seen a case where “witches” or “people accused of witchcraft” has been found to be a particular social group (“PSG”) for purposes of asylum, but it seems that a strong argument could be made in favor of such a PSG. Persecution of “witches” might also be couched in terms of imputed religion—maybe the persecutors view the alleged witch in religious terms and would harm her for that reason. If there is an ethnic or racial component to the persecution, that might also allow the applicant’s case to fit into a protected category.

Besides witchcraft, the WHRIN report discusses other harmful traditional practices: Human sacrifice and murder for body parts, which are used in certain magic rituals (sometime called Muti murder). People with albinism are particularly vulnerable to such attacks (I wrote about that here), and they would likely constitute a PSG under U.S. asylum law. But other people targeted in this way might not easily fit into a PSG.

To win asylum, the applicant must show that she faces harm “on account of” a characteristic that the applicant herself possess (for example, her race) or on a characteristic that the persecutor “imputes” to the victim (for example, maybe the persecutor incorrectly believes the applicant is a government opponent and seeks to harm her for that reason). In the case of some traditional practice, the victim may not be able to show that the harm is “on account of” a characteristic or an imputed characteristic, and then asylum would be denied. In our exorcism case, for example, we had a relatively easy job, since our client was gay and was harmed due to his sexual orientation. But what if he was not gay and he was being “exorcised” for some other reason–maybe he was an unruly child and his parents wanted to “cure” him? Such a case would present a real challenge under U.S. asylum law.

Fortunately, there are some resources available. The WHRIN is the obvious starting point. The Forced Migration Current Awareness blog also has a list of resources, and UNHCR has a comprehensive report about witchcraft accusations against children. Given the severity of the harm and the likelihood that the problem is spreading, it seems to me that more work needs to be done in this area. The recent attention from the UN is a good start. Hopefully, we will see those efforts continued and expanded.

{ 159 comments… read them below or add one }

Dose see November 16, 2017 at 11:33 am

Hey Jason,
1.My mch on next year August, after the mch hearing are they gonna give me the individual hearing date and information on that day?

2.Do you know the average years of, to finish asylum court case in Los Angeles? Based on your clients.

3. If I get married to my GF, how long does it going to take, to remove my case from the court? Then I can apply for fiancé status.

Thanks for helping people like us.!!!

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Jason Dzubow November 16, 2017 at 6:37 pm

1 – Normally, they give you the date for the final hearing at the MCH, but if you are not prepared to go forward or if you need time to find a lawyer or if there is some other reason, the judge may schedule for another MCH – it depends on the case. 2 – I do not know, and it probably depends on who is your judge, as wait times within the same court can vary a lot depending on the judge. 3 – If you marry a US citizen and you are otherwise eligible, she can file a petition for you, and you can try to close out your case. The process is not quick, and the government makes it more tricky than it needs to be, but the outcome should be a green card. I highly recommend you use a lawyer to get you through the process. Take care, Jason

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Dose see November 16, 2017 at 9:05 pm

Thanks a lot sir!

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Dose see November 16, 2017 at 9:07 pm

Sir, what are the options to expedite my individual hearing?

Thanks again.

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Rsv November 17, 2017 at 1:08 am

Mr. Jason & Team has done a post on April 20, 2017 that might help. Thank You.

Jason Dzubow November 17, 2017 at 7:25 am

Rsv answered before me – but I did a posting on April 20, 2017 about that topic. Take care, Jason

Celia November 14, 2017 at 11:15 am

My comment disappeared or got deleted, but I try to ask this question again: I received my drivers license and there is a “not for federal purposes “ stamp is the upper right corner. I heard about the REAL ID act but what does that mean to us? Will I have any problems if I travel with that drivers license in January? They started printing licenses this way on the 30th of October.
I have my EAD and asylum receipt as supporting document but case is still pending.

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Nyc November 14, 2017 at 2:28 pm

I told you I just went to DMV for applying Real ID but they want my passport to prove of my nationality and two bills of anything etc. bank statement or electic bill internet bill. And EAD card. So I could not get it even you have a green card because you can nit re new your passport from your country. The Real Act law will use after October 2020 you do not have to worry. After that you can use your EAD card to travel in Domestic flights
EAD card is a one of Real ID act too

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Nyc November 14, 2017 at 2:29 pm

You can use your driver license untill October 2020 to take an airplane

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Jamie November 14, 2017 at 5:42 pm

Nyc, are you saying that if you are granted asylum or have your green card, you still can’t apply for the Real ID an therefore won’t be able to board a domestic flight? But, you can use your EAD to board the flight as it is a federal document? If so, this is completely foolish as you can use your EAD and social security to get a state ID.

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Nyc November 15, 2017 at 4:50 pm

You can not get a real ID untill you become US citizens
So when You want to flight you can use Green card or EAD both of them are federal ID

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Jason Dzubow November 15, 2017 at 6:36 pm

I think he is referring to the REAL ID Act requirements related to state ID cards/driver’s licenses. You should be able to get the license with your EAD and proof of residency, and you should be able to board a domestic flight with the EAD and a passport or some other identity document. Take care, Jason

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Celia November 14, 2017 at 6:24 pm

Thank you for the information!
My passport is expired but hopefully there will be some solution…

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Celia November 14, 2017 at 7:19 pm

https://www.dhs.gov/real-id-public-faqs
Please read this. I still don’t fully understand but it’s an overview

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Celia November 14, 2017 at 8:13 pm

Ok I looked at the documents and as long as you have ssn, valid ead card WITH THE I797 Receipt, bills for residency you should be able to get the id. They just want to confirm identity more thorough I think. Ill go this week and ask.

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Jason Dzubow November 15, 2017 at 6:40 pm

The REAL ID Act was designed to tighten the requirements for state ID cards/licenses. If you have an EAD and proof of the asylum case and proof of residency, you should be able to get a state ID/license. Take care, Jason

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Jason Dzubow November 15, 2017 at 7:31 am

Sorry, we changed servers at some point, so maybe that was the problem. I do not know – it may be that all licenses in your state say that because the state does not meet the requirements of REAL ID, or it may be something specific to asylum seekers. In any cases, it should have no effect on your life – you can travel domestically using your license, passport, and asylum receipt, you can work with the EAD, and you can drive with the license. Take care, Jason

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Celia November 15, 2017 at 9:34 am

Thank you Jason for the prompt response!

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Celia November 16, 2017 at 12:53 pm

Update on real ID: I went to the NY DMV today and they explained things very well. The lady told me I’ll be able to travel domestically with my standard “not for federal purposes” imprinted DL until oct 1, 2020. I am also able to get REAL ID but it’s up to me because it costs like the previous one which I just paid for.
So I decided not to renew it just now, will wait for our interview and see what the outcome will be.
Maybe next time I renew it, I’ll get one without restrictions.
Until then, I’ll just carry my EAD with me if they ever ask…
🙂

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Jamie November 16, 2017 at 12:59 pm

Thank you guys for the clarification because it just didn’t make any sense to me. How would you be able to board the flight with the EAD, especially as an asylee or green card holder, but can’t apply for the REAL ID with the same status?

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Celia November 16, 2017 at 1:34 pm

We’re talking about domestic flights, inside the US.
After 2020, even Americans will need a passport or other lawful status documents if they have a standard ID (not for federal purposes)
Or you can make a trip to the local DMV and id your state is compliant, you can show these documents and get the REAL ID for $17.50, which I opted out after I paid a ridiculous amount for my DL anyway and I just got it literally a week ago.
So yeah, you still won’t be able to travel outside of us and come back with your ID and EAD. But you won’t be able to travel DOMESTICALLY either with just the ID after 2020 unless it’s REAL ID.

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Jason Dzubow November 16, 2017 at 6:38 pm

Thank you for letting us know, Jason

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john November 13, 2017 at 4:11 am

IS THE ONE YEAR FILLING RULE APPLIED IF SOMEONE WAS REFERRED TO IMMIGRATION COURT ?

LIKE IF SOMEONE OVERSTAYED MORE THAN ONE YEAR AND THEN HE WAS REFERRED TO IMMIGRATION COURT AND IF THEY DEPORT HIM HE WILL BE PROSECUTED. CAN HE STILL APPLY FOR THE ASYLUM IN THE COURT AND FILL I-589 WITH THE JUDGE REGARDLESS THE ONE YEAR FILLING RULE ?
THANK YOU

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Jason Dzubow November 13, 2017 at 6:42 pm

The one-year rule applies to everyone, including people in court. There are exceptions to the rule, and you can try to meet an exception – this is very important, as you cannot get asylum unless you file on time, or you meet an exception (you could still obtain other, inferior relief, like withholding of removal or Torture Convention relief, but asylum is better). Talk to a lawyer to help you with this. Take care, Jason

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OM November 13, 2017 at 2:30 am

Hello Jason, thank you for everything you’re doing asylum seekers. I have one question : i have applied for asylum in Boston back in august 2015, sent an AR-11 when i moved to New Orleans in september 2016, and in august 2017, i got a confirmation from New Orleans office that they have my case under their jurisduction. Now, i see that New Orleans start to intervew applicants from july2015-february2106 month ago.
My question is :
– will New Orleans office will consider me in the range of applicants they are interviewing these days or no ?
Do people lose their place in line when they move to another jurisduction ?
Thank you very much

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Jason Dzubow November 13, 2017 at 6:40 pm

They should interview you as if you originally filed in New Orleans, so you should receive an interview soon. If not, contact them to ask (I think NO is a sub-office of Houston, so you may have to contact Houston). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Me November 14, 2017 at 10:55 am

Is there only 1 asylum office in New Orleans? I am wondering whether the NO office on the scheduling bulletin is referring to the sub office of Houston or a main office? What do you think?

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Jason Dzubow November 15, 2017 at 7:24 am

I think there is only one office in NO – it is a sub-office of Houston. Take care, Jason

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El November 11, 2017 at 10:47 pm

Hi Jason,
Thank you so much for answering our questions.
Recently I sent my request regarding expediting my interview, which they accepted to do so, and they sent a letter for me to know that I should wait for an opening, since September i am waiting. I got a letter yesterday that said.
They have received my form and they are currently processing my application, petition, or request . This notice informs me that they are able to reuse my previous captureed fingerprints and biometric. They are continuing to process my application, and will contact me in writing if any additional information is necessary to resolve my case.
My question is, dose it mean that i am getting closer to my interview date? If so, how long should I expect to wait? And should i send any supporting documents?
Thank you so much.
God bless.

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Tou November 12, 2017 at 5:59 am

Hey I think your interview coming up very soon maybe 2 weeks because I got the same letter then I interviewed good luck

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El November 12, 2017 at 7:14 pm

Thank you so much, please pray for me.
God bless everyone.
Thank you so much Jason for your support.
You are an awesome person.

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santon November 14, 2017 at 10:33 pm

Hey Tou,
Can you tell me when and where did you apply, I am waiting for 3 years and I am in NY.
Santon

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Jason Dzubow November 12, 2017 at 11:56 am

Sometimes, such a letter is followed pretty quickly by an interview notice, but not always. If your supporting documents are ready, you should submit them. Different offices have different rules about this (in my office – Virginia – you have to submit all documents at least one week in advance), so it is probably best to submit them if you have them, (and keep a copy for yourself too). Take care, Jason

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Rsv November 13, 2017 at 12:49 am

Congratulation El, which office was that if i may plz ask. I wish they make one uniform format to approve expedite request for all offices bcoz I have tried based on family separation and was denied. Anyway hopefully one day they will approve me too.

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Tabish November 11, 2017 at 7:17 pm

Hi Jason,

I had a quick question and need your suggestion about it.I am an asylee waiting for my green card to be processed. My EAD is expiring in like 2 months from now and I applied for a renewal and included the receipt i797 of my green card application (I-485) but since then I didn’t hear back from USCIS , they didn’t even send me the receipt confirming that they have received my application. The tracking number shows that my application was delivered to their lock box. I tried calling them twice and their customer service representative also cant track it down. What do you suggest I do in this situation ?

Thanks in advance.

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Jason Dzubow November 12, 2017 at 11:41 am

It seems like they do not have it. Maybe you need to re-send it. I will say that if you filed for renewal under the category for asylees, that might cause confusion if you tried to use the I-485 fee for the I-765. In other words, when you apply for a GC using I-485, your fee covers a new EAD, but that EAD is under category c-9 (adjusting status) and so it is not a renewal – it is a new EAD based on a new category. If you filed to renew the old EAD, you would have needed to pay a separate fee for the renewal, as it is not related to GC application. Maybe this is the confusion? If you re-file, make sure you explain that you tried to file previously and make sure you file under the correct category, as that can be confusing. Take care, Jason

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Tabish November 15, 2017 at 5:55 pm

Hi Jason,

So does it mean I have to pay the filing fee this time when I re-apply ?

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Jason Dzubow November 16, 2017 at 7:14 am

If you are applying for your first EAD based on the pending I-485, you should be able to use the I-485 receipt instead of payment. The problem is that this sometimes causes confusion for them and it does not work, so if you are concerned about that, it may be better to pay. If that is the case, it is probably better to apply (and pay) to renew your EAD based on asylum, since you will get the automatic extension of the old card (assuming it is based on asylum). Take care, Jason

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Tom November 10, 2017 at 10:09 pm

Hi Jason! In the previous version of i-589 form, there was date filed next to the signature. In the current one, I don’t see that field. Please hint me where to put the date of the fill out the form? Best, Tom.

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Jason Dzubow November 12, 2017 at 11:15 am

Strangely, until you mentioned it, I never even noticed it, but I did notice that something was different – I just couldn’t quite place it. On the two supplement forms, there is still a place for the date, and it is odd that there is no place for a date on page 9. In some ways, it does not matter, since the date the form is received (or – in some cases – mailed) is what matters, so keep your mailing receipt. Also, I suppose you could write the date next to your signature, especially if you are concerned that you are filing close to the one-year deadline. Take care, Jason

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Tom November 12, 2017 at 6:00 pm

Thank you so much for the reply!

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Tom November 12, 2017 at 7:22 pm

few more questions. Should I glue the photo to i589? And how to pin papers together?

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Jason Dzubow November 13, 2017 at 6:38 pm

Attach it securely – we tape it, but whatever works. Take care, Jason

Tom November 14, 2017 at 9:10 pm

Just to double check. I live in Brooklyn NY. So I should send i589 to Vermont Service Center
Attention: Asylum
75 Lower Welden Street St.
Albans, VT 05479-0589
Correct?

John November 10, 2017 at 8:10 pm

Hello Jason,

I really appreciate your time for looking into these matters and helping asylum seekers.

I have a question. I got my asylum approval on March, 2016 and got my GC based on asylee status on June, 2017.

While I was waiting for my GC, I applied for Refugee Travel document and got it on April, 2017.

Now I’m planning to travel outside of the country for family reasons on June, 2018. I already have a Refugee Travel Document which expires on April. 2018. Obviously I can’t travel with my Refugee Travel Document that time, because it expires before June, 2018.

Am I allowed to apply for Reentry Permit while I have a unexpired Refugee Travel Document now?

Kind regards,
John K.

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Thomas November 11, 2017 at 2:18 pm

You got your greencard in 3 months?!

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Celia November 11, 2017 at 5:02 pm

You can see he said he got approved in 2016 and got green card in 2017

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L.F November 11, 2017 at 6:21 pm

Hey Celia how are you
Are you waiting ti get interview in NY ?
Thanks

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Celia November 12, 2017 at 12:20 am

L.F Hi!
Yes still waiting. I’m not so sure whether or not it’s gonna be this year.
Applied in June, 2015.
Most of our documents are ready and we’re getting prepared though.

Sara November 12, 2017 at 2:07 am

Celia is Team NY 🗽
There’s another Celia on here, and there are several Saras.

Jason Dzubow November 12, 2017 at 8:34 am

You probably could, but you are better off with the RTD – The re-entry permit only allows you to re-enter the US, it is not used in lieu of a passport. The RTD is used as a passport (but it is not accepted by all countries). Since you are an asylee, it is better to use the RTD and not your own passport, as that can create problems for you with USCIS (since you are using a passport for a country where you fear persecution). Take care, Jason

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Celia November 12, 2017 at 7:27 pm

Yeah I was thinking to find another nickname lol!
Right now I feel like everything is ready, so we are. Just waiting for the letter.

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Jamie November 13, 2017 at 9:50 am

You get your green card in three months?!!!!! Which office was that? That’s very, very rare! As in lottery rare- especially nowadays.

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Celia November 14, 2017 at 11:11 am

He says he applied in 2016 and got it in 2017, that’s over a year!

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ishan November 10, 2017 at 8:38 am

Hi Jason as always your guidance Is light for us in these dark times. Two weeks ago my Mother passed away and I could not see her. I have applied for RTD recently but not sure when I’ll get it. I already told you and you already know Kuwait does not accept RTD. My question is can I get my CP and go to Kuwait . I lost my Mom I do not want to lose my father before seeing him will my Mom’s death will be enough reason to tell officers why I used my CP. I’ve the gc

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Jason Dzubow November 10, 2017 at 2:48 pm

I am sorry for your loss. I think it is unlikely you would lose your status if you travel with your passport, especially under these circumstances. But whether the US government will give you trouble for using the passport, I do not know. Hopefully not. Make sure to keep evidence about everything, so if the US government tries to question your original asylum claim (because you traveled on the passport), you will have evidence to demonstrate why you traveled. Take care, Jason

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ishan November 10, 2017 at 10:36 pm

Thank you so much Jason, I’ll make sure to have all evidence in hand. I’m very grateful for your support.

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Sara November 10, 2017 at 10:22 pm

I’m so sorry for your loss.

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ishan November 10, 2017 at 10:39 pm

Thank you for your support Sara. I always wished to bring my parents in the beautiful country and wished walking with them in a park . Hopefully my father will see that time one day.

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Sara November 10, 2017 at 10:40 pm

I can totally relate, Ishan. Stay strong and I sincerely hope your wish comes true with your father. All the best.

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Mohamed November 11, 2017 at 11:39 am

Azam allh agrakom
Nshallh your mom praying for u
Sadly to hear that
I hope u see your father soon
And me to i didnt see my family for 7 years
Because the war in syria

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Jamie November 13, 2017 at 9:55 am

Ishan, I amsorry to hear that your mom passed. I don’t know what I would do if my mom passes and I can’t even get to attend her funeral to say my last goodbye. It is so inhumane for the government to do something like this- as in try to detain you or take away your asylum status because you go back to your country to attend your mother’s funeral!!!! How cruel is that! Who wouldn’t want to attend their close family member’s funeral or visit them in the hospital when they are dying? Come on man, have some sympathy!

I hope you are doing OK and I sincerely hope that you get to say your last goodbye to your mom.

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junky November 10, 2017 at 4:33 am

Hi Jason
I applied for asylum in December 2014 and waiting for an interview but I’m very surprised to check Affirmative asylum bulletin schedule they interviewing the cases for July 2015 !!! in the office of Chicago.How can I do?

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Jason Dzubow November 10, 2017 at 7:39 am

If they skipped your date, you should email them and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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celia November 10, 2017 at 12:33 am

Hi Jason,
1-My husband is a derivative Asylee and is planning to travel outside the US (Family visit) with a Refugee Travel Document. He is from one of the “banned” countries. Will it be difficult for him to come back in the US?
2- It seems like only Asylee petitioned Form I-730 are going to be interviewed for adjustment of status to GC. My husband was added to my case at the same time I filed for asylum, was present at the interview and got granted asylum at the same time I did. Is he till considered “petiton I-730”? And should he expect an interview for adjustment of status?

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Jason Dzubow November 10, 2017 at 7:38 am

1 – Maybe, but we have not heard about people in his situation having trouble. Though going to the country of persecution – even for a derivative – may cause problems. 2 – He is a derivative, and my understanding is that all derivatives will be interviewed. This policy just went into effect a month ago, so I don’t know much about how it is working in practice. Take care, Jason

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Jamie November 10, 2017 at 1:58 pm

Hi Jason,

I hope you are doing well. Not all derivative asylees will be required to do an interview. It is those who will be petitioned for on the form I-130. If the derivative asylee was granted the same time as the principal asylee, then the derivative asylee won’t need to do the interview

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Jason Dzubow November 10, 2017 at 2:53 pm

That is good news – I hope they continue that practice. Thank you, Jason

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Alan November 10, 2017 at 6:49 pm

Hi Jason,

Looks like a lot of people have questions about interview for derivatives. Please be kind to let us know, if you get any information.
Thank you

Liz November 9, 2017 at 9:35 pm

Hi Jason,
Thank you for all your help and concerned for us in this difficult time.
I have a question regarding Los Angeles waiting time. I can see from bulletin, they are interviewing November 2013. My question is, what is the estimate waiting time for LA interview? Is it 3, 4, or 5 years? I can’t expedite my case, I really appreciate it if you may give us an estimate waiting time from you previous clients experience.
Thank you. God Bless.

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Jason Dzubow November 10, 2017 at 7:29 am

The short answer is that nobody (including the US government) knows. For the long answer, I did a posting on June 7, 2016 that discusses the point. Take care, Jason

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ZS November 10, 2017 at 8:21 am

I want to ask a question to Jason
How much time it takes to get an answer?
We’re waiting for 6 months and nothing till now
When do u predict to have the answer about the case?
Thank you

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Jason Dzubow November 10, 2017 at 2:45 pm

There is no way to know, as it depends on the case and the background check, and on the officer who interviewed you. I did posts on October 21, 2014 and October 20, 2015 where I discuss this, and maybe those would help. Also, you can contact them to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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ZS November 10, 2017 at 8:19 am

My father’s case is in LA and he had his interview after 2.5 years
So i think it depends

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Liz November 10, 2017 at 11:36 am

Thank you Jason and ZS.
ZS did your father expedite his case or without expedition it took 2.5 years?
Thank you.

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COCO November 8, 2017 at 2:46 pm

i won asylum case in March this year ? will I have to get an interview for green card application ?

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Jason Dzubow November 9, 2017 at 6:46 pm

Probably not – it seems that the principal applicant does not need a GC interview. If you were a dependent on another person’s case (your spouse or parent), then you probably will be interviewed. Take care, Jason

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Azaz A November 8, 2017 at 1:06 pm

Hi Jason
As you are well aware U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS
Policy Manual to address the general policies and procedures applicable to the adjudication of
waivers of inadmissibility. I would very much appreciate if you would kindly explain in non legal language this new policy guidance as it relates to applications for adjustment that are put on hold because of TRIG.

Thanks again for your attention.

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Jason Dzubow November 9, 2017 at 6:45 pm

I have no plans to write about this any time soon, and so if you need an answer on that point, you should consult with an attorney. Take care, Jason

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Yulia November 7, 2017 at 1:50 pm

Hello Jason,
Maybe, you know what happened to Arlington office. They seemed to be very fast from the beginning of 2017. But now they stopped again. Thank you very much.

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Jason Dzubow November 8, 2017 at 6:36 pm

It probably has to do with the number of June 2014 cases – some were interviewed in 2014, but other (the ones currently being interviewed), were not. We are getting some interviews there (we have 2 this month). It is moving, though not so fast. Take care, Jason

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Mike November 7, 2017 at 4:15 am

Thank you for your help and also for this forum.
I applied for asylum in 2016 and waiting for the interview. In my application I included my wife and my kids who are back in my country. Am married to my wife and have lived with her for 9 years and the law in our country recognize the marriage as legal and thus we have no certificate. All I have is a sworn affidavit that we are married and have lived together for 9 years. Would this be a problem if my asylum is granted, would I be allowed to bring her and the kids here or I have to be married and produce a certificate before she is allowed to come? Is the affidavit enough?
Thank you for your help.

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Jason Dzubow November 8, 2017 at 7:42 am

It may be a problem. You should try to get a legal marriage certificate somehow, as that will make life easier if you win the case and want to bring her here. Sometimes, you can get such a document from your embassy, but of course, if you fear harm from your government (as opposed to a terrorist group in your country), going to the embassy might be a bad idea and might hurt your asylum case. Take care, Jason

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Sara November 6, 2017 at 10:18 pm

? Interview Scheduling Bulletin Update ?

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Hanif November 7, 2017 at 2:51 am

Sara did you got any response about interview.

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Sara November 7, 2017 at 4:19 am

Hey Hanif,
Not yet – my interview is next week.

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mohamed rabih November 7, 2017 at 9:47 am

can you please tell when did you apply and where and good luck for you on the interview

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Sara November 7, 2017 at 12:21 pm

Hi, thanks for the good luck wishes.
I applied in NY. Receipt date: Last week of April 2015. Interview: Mid November.
I haven’t posted the exact date of my interview for security reasons — posting the date you will be at an certain location on the Internet hardly seems like a good idea. 🙂

Hanif November 7, 2017 at 2:12 pm

Ohhh…m still waiting for letter??.Good luck to you….hope everything will be ok.??

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Sara November 7, 2017 at 2:39 pm

Thank you 🙂 And I hope you receive your interview letter soon!

Jason Dzubow November 8, 2017 at 7:44 am

Everyone is rooting for you (and hopefully not bugging you too much before the interview!). Good luck, Jason

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Sara November 16, 2017 at 2:07 pm

I just saw this, Jason! Thank you all — I was thinking of all the good luck wishes I got on here yesterday before my interview, and feeling grateful for the positivity sent my way. After my interview, my husband said to me: “You need to update Jason and your friends on the blog”, and it was exactly what I was about to do 😊

Me November 7, 2017 at 12:42 pm

Still can’t believe the New Orleans office is going so fast.

In August, September and October 2017 they have conducted interviews for those that applied from July 2013 until February 2016.

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Rsv November 7, 2017 at 1:46 pm

Yes and still cant believe that Miami office is not moving at all.

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COCO November 8, 2017 at 2:30 pm

oh yeah New Orleans is a cool office ! i applied in june 2015 at houston but they transfer the case to New Orleans i got my interview in August 2016 and got my final asylum approval March 2017 !! I can’t wait for 4 months from now to apply for a green card !!

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Jason Dzubow November 8, 2017 at 6:33 pm

Maybe there are very few cases in the NO office from that period. Or maybe they are just fast. If I had to bet, I would guess the former. Take care, Jason

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Thomas November 7, 2017 at 1:46 pm

I hope people don’t actually take the bulletin very literally, but instead as a general guide. I know people need hope of any kind, but it sort of also helps to think that you might be called in earlier/later from the processing dates. For instance, I applied in Aug 2015 in Chicago, I already won asylum in Dec 2016 (its almost my one year anniversary.) If you look at the asylum bulletin, it says Chicago is now interviewing people who applied in Jun 2015. This says something about its accuracy, but again, its only something to think of as you wait this horribly long period. The feeling in the end will be satisfying when you get that unexpected phone call 🙂

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Rsv November 7, 2017 at 1:50 pm

Wow unbelievable specially if you didn’t request to expedite it.

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Jason Dzubow November 8, 2017 at 6:35 pm

It may be that they changed the policy. In my local office, for example, they interviewed about 50% of cases prior to December 2014. The other 50% disappeared into the backlog. After December 2014, they went back to start interviewing “disappeared” cases. Maybe that explains how you received an earlier interview. Take care, Jason

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Celia November 7, 2017 at 6:05 pm

Thank you Sara for the updates!
Best of luck for your interview!
I’m hopeful too. 2-3 more months according my attorney. Fingers crossed.

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Sara November 7, 2017 at 11:44 pm

Thank you so much, Celia 🙂 I hope you get your notice soon!

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Josh L November 7, 2017 at 11:31 pm

Good luck to your interview. I hope you pass.

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Sara November 7, 2017 at 11:45 pm

Thank you for the kind wishes, Josh 🙂

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Ali November 6, 2017 at 12:31 pm

Hi Jason , quick question I’m on pending asylum since dec 2014 and my girlfriend is American citizen which we are planing to get married , what will happen to my case ? Do I have to drop my asylum case ? Can I ask my wife to file for my green card ? Thanks

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Jason Dzubow November 8, 2017 at 7:24 am

Assuming you are eligible to get the GC through marriage (entered the US lawfully, no criminal history, etc.), she can file for you and you can get the green card. We try to keep both cases going (in case something goes wrong with the marriage case), but sometimes, the asylum case causes delay for the marriage-based case, and then we have to withdraw the asylum case. Take care, Jason

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memo November 6, 2017 at 1:27 am

Hello,
for traveling outside US for 15 days, do I need any documents other than Refugee travel document to r-entry?(granted Asylum)

thanks

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Jason Dzubow November 7, 2017 at 7:27 am

I do not know your case, but normally, an asylee need only the RTD to travel and return to the US (this may be different for a longer trip, but 15 days should be no problem). Just do not go to the country of feared persecution. Take care, Jason

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Elizabeth November 3, 2017 at 4:58 pm

Dear Jason,
I’m from Eastern Europe.
Just filling out my asylum form( I-589)
I have a question about this:

2B. Have you, your spouse, your children or other family members such as your parents or siblings ever applied for or received any lawful status in any country other than the one from which you are now claiming asylum?

My answer is yes for this question, but I’ve had the religious problems there as well (with evidences )

Am I eligible to apply for asylum?
For the 2B question the Yes answer is exclusionary reason? Hopefully not because I really don’t want to go back there living in fear.

Thank you.

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Jason Dzubow November 7, 2017 at 7:16 am

I did a post on June 22, 2017 that may help. The short answer is that I think you would not be blocked from asylum, but it depends on the specifics of the case. Take care, Jason

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RI November 3, 2017 at 12:45 pm

Hi Jason,
I have read your blog since 2013 that I comes to this country, I have asked many questions and you have always answered me with your best disposition.
At this time I write to tell you about my recent experience, which can surely serve as a guide for many people who are in my same position.
I filled my case in the Miami office on June 6th, 2013, and on October 19th, 2017 (two weeks ago), I received a call from the asylum office saying that my interview was scheduled for Thursday, October 26th, then that day I went to the office and took the original evidence with me, the officer told me that he not had enough time to review and study my case and was not prepared for the interview therefore he had to reschedule it and in addition to that he asked me for the originals.
Then yesterday I received a notification saying that “I had canceled my appointment” and this has stopped my pending period at 603 days. My pending period will resume when I appear for my rescheduled interview.
I just hope it does not take 5 more years.

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Jason Dzubow November 3, 2017 at 3:04 pm

Usually such interviews are rescheduled in a few weeks, so you should be fine. If you have any additional evidence, you should submit it as soon as possible (and at least one week before the interview) so the officer has time to review it before the interview. Take care, Jason

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RI November 3, 2017 at 4:12 pm

Thank you Jason for your quick and kindly answer. I’ve submitted all the evidence last week.
I’ll keep you and your readers posted on the timing.

Have a great rest of the day!.

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Rsv November 3, 2017 at 4:33 pm

Do they not send notice for interviews now and call everyone or you just had your case expediated.

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Sara November 6, 2017 at 2:36 pm

Hi RSV,
I received my interview notice by mail.

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RI November 6, 2017 at 2:39 pm

Hi Rsv,
I’ve received the call first, I believe due to the shorter notice and then I got the notice by mail but it came late, 1 day after the appointment.

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Rsv November 6, 2017 at 5:59 pm

Thank you guys appreciate the reply.

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XY November 3, 2017 at 3:33 am

Hi Jason,

Hope u r fine and doing well. I still follow the blog after my grant of asylum, it turned to kind of habit to me, just reading other asylees stories, ideas and questions.
Today a question is swimming in my head. would I be able return after visiting my home country, Afghanistan for 20 days once I get green card hopefully? Actually, I will be there for my marriage ceremony, and will come back as soon as possible. I have no problems with the gov there, but am badly wanted for Taliban there.

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Jason Dzubow November 3, 2017 at 6:23 am

It would be better for you not to go to Afghanistan – even if you fear the Taliban and not the government, the US government may not easily make that distinction, and they could investigate or try to take away your GC. The more likely place to face a problem is when you apply for citizenship and USCIS sees that you went home. My guess is that ultimately, you would win the case and not lose your status, but if there is a case against you, it will be a big pain. It may be that you have no other option than to go home for the ceremony, and so make sure you keep all the evidence about your case, in the event that it is needed, but if you could do the wedding in Dubai or Pakistan, that might save you some trouble in the long run. Take care, Jason

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XY November 7, 2017 at 1:47 pm

Thank you Jason,

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Kerrian mcmahon November 2, 2017 at 2:21 pm

I have an lgbt asylum application in immigration court am from jamaica and it requires that I get letters to prove my sexuality but the notary.public in jamaica is refusing to sign such letters because they said if they sign it they will be supporting it and homosexuality is wrong in God sight what if the letters not sign by a notary will the judge accept or what other option is available

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Jason Dzubow November 2, 2017 at 5:48 pm

You do not need the letters notarized – get the letter writer to include his photo ID. Also, I wrote a blog post about this on August 16, 2012 – maybe that would help. Take care, Jason

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Norra November 2, 2017 at 2:00 pm

Hi.I had Master Hearing in New York immigration court yesterday. Court given me long date for 2020.
After it i told to my Lawer that plz get any near date because i am a political activist and i am anti state and doing struggle for freedom of my slave Nation.so state will victomize my family due to my political activities here.My family is in danger.
Lawer told me that after one month He will move motion for early individual Hearing date.
Kindly guide in detail that what i should do for my early individual hearing date? My family is un secure in my home country. Regards.

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Jason Dzubow November 2, 2017 at 5:44 pm

I did a blog post about that on April 20, 2017 – maybe that would help. Take care, Jason

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Michael November 2, 2017 at 11:14 am

Jason,

From your recent experience, what is the wait time to receive a decision after an interview is conducted? I understand that it varies based on an applicant’s background, but just a proxy: is it weeks or rather months?

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Jason Dzubow November 2, 2017 at 5:33 pm

It depends on the case – sometimes days; other times, years. Maybe a majority of cases are decided in two weeks, but many cases take a lot longer. Take care, Jason

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Alee November 2, 2017 at 12:46 am

Hi Jason,
What’s a valid immigration status?. My visa b1/b2 was issued in March 2014, expires March 2019. I entered US in May 2014 and was allowed to stay till November 2014.
I applied for asylum in September 2014. Am i in valid immigration status?

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Jason Dzubow November 2, 2017 at 6:25 am

Your valid B status ended in November 2014. You are lawfully here because you have a pending asylum case. Take care, Jason

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X RAY November 2, 2017 at 12:34 am

Hi ,jason
IT’S NOT NICE, IT’S NOT GOOD AS SPOKE THE PRESIDENT TRUMP ABOUT THE DIVERSITY LOTTERY PROGRAM and CHAIN MIGRATION must end now! Some people come in, and they bring their whole family with them, who can be truly evil. NOT ACCEPTABLE! do you think these decisions can I affected the asylum seekers who their case are pending?

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Jason Dzubow November 2, 2017 at 6:24 am

I disagree with you. While I think the DV lottery program should probably be changed or ended, it is simply false that such people are not vetted – they are thoroughly vetted and interviewed, just as any other immigrant to the US. Some September 11 terrorists entered the US on student visas, so should we end all student visas? Such visas give us great benefits (not only money for schools, but many thousands of students who return to their country with positive feelings and relationships with the US, which helps with commerce and spreading American ideals). The idea that whenever anyone on any particular type of visas does something wrong, we should cancel that type of visa, seems foolish. Certainly we should always be examining our systems for improvement, but the fact is, we live in the world, and we will have to face the world’s problems. Thinking we can build a wall and hide behind it seems useless. Take care, Jason

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Raïs November 2, 2017 at 7:20 am

Great answer

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Anonymous November 2, 2017 at 10:46 pm

Brilliant answer. Bravo for Jason

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Mahekky November 5, 2017 at 1:46 pm

Beautiful Answer Jason! You are an asset to USA

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Bae November 1, 2017 at 10:18 pm

Please can you take up a case in New Jersey

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Jason Dzubow November 2, 2017 at 6:17 am

I do cases in NJ (but I am in Washington, DC). If you want to arrange a consultation, you can email me at jdzubow@dzubowlaw.com. Take care, Jason

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gary foxcroft November 1, 2017 at 12:02 pm

Thanks very much for writing this article Jason. I really appreciate your support and the work that you are doing on these issues. I am being flooded with requests for expert witness reports for these kind of asylum cases and sense that there is a need for some more joined-up thinking between practitioners to help support people claiming asylum. One idea I had was to produce an online training course for lawyers and it would be interesting to know if you feel that there may be a need here and, if so, whether there is scope for collaboration. Cheers, Gary

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Jason Dzubow November 2, 2017 at 6:12 am

I think it would be worth exploring. The difficulty is having to provide experts for lots of individual cases. To me, the biggest challenge in some of these cases is proving that the victim is a member of a particular social group, but maybe there are other common problems with such cases as well. Maybe there would be some way to prepare a general report about those issues that everyone could use. Anyway, it is certainly worth exploring. If you ever want to discuss, please let me know – my email is jdzubow@dzubowlaw.com. Thank you for all your amazing work. Take care, Jason

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Koss D Kafla November 1, 2017 at 4:27 am

Hi Jason I need your help

I’m politic asylum seeker living in Cincinnati Ohio, I get US in November 2015 and my case was been pending since jan 2016, actually my home country is going through a very serious sociopolitical crisis.
October 20th 2017 my uncle called me from my home country so that I still wanted by the government of my country because they still writing some articles in the news with my picture just because I was one of the freedom fighters…. who has been bothering the government since 2013 when I was in my home country… I have applied my asylum myself without lawyer, I think those news can be considered as additional proof of my asylum application.

1) According to your experience is it necessary to ask my uncle to send me the news papers?
2) In this case am I going to need a lawyer to file out the additional documents? If yes can you help?
3) how this could help for my asylum application?

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Jason Dzubow November 1, 2017 at 6:34 am

1 – If you can get the newspapers, it will be very helpful for your case. 2 – That is up to you. You can submit the additional evidence to the asylum office. You can hire me for that, but I am in Washington, DC, and so it might be easier to have a local lawyer, but I can do it if you want. 3 – More evidence of the problem in your country makes your case stronger. Take care, Jason

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Tabish October 31, 2017 at 5:40 pm

Hi Jason,

Thanks for the great work you are putting in for us. I had a quick question. If someone was granted asylum based on fear of persecution by insurgent groups in his home country and not any persecution by the ruling government does this person still need to avoid using the passport of his home country and instead use the refugee travel document ?

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Jason Dzubow November 1, 2017 at 6:24 am

In that scenario it is less likely to be a problem if he uses a passport from his home country. The problem is that the border patrol officials and even the USCIS officials reviewing his file may not know or understand that he does not fear the government, and this could result in them trying to take away the person’s status. In the case you describe, the person is very unlikely to lose his status by using the passport, but if the government tries to take the status away (by sending him to immigration court), it will obviously be a stressful and potentially expensive situation, though it will most likely be resolved favorably in the end. Take care, Jason

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Tabish November 2, 2017 at 12:22 pm

Thanks for the reply Jason.

So if I understood you correctly, you are saying that while someone who has a green card based on Asylum grant travels overseas with a passport issued by his country of origin now upon returning to the US the border petrol police only checks how the green card was obtained they won’t go in to details, if it was based on Asylum grant they will straight away send him to immigration judge where he may be reinstated since he got it through fear of insurgent groups as long as he justifies his travel to his home country now even though he may get his status back , but this whole hassle doesn’t worth using his country of origin passport, is that what you meant ?

Also as you might be aware there are pros and cons in both options, benefits of using travel document is that it is the safest option, but it comes with some limitation, first it is only for one year and second some countries don’t give their visa on a travel document.
Passport on other hand has its benefits, first its validity is for longer period e.g ( 5 years , etc.. ) second, no limitation in terms of getting visas like we have with travel document. With all these in mind and based on your experience what would you suggest for someone who got his green card based on asylum grant and his asylum was from fear of insurgent groups not persecution by ruling government ?

Sorry for long question, but just wanted to give more details so to receive your advice on it.

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Jason Dzubow November 2, 2017 at 5:39 pm

No – I am saying that if any asylee travels with his own passport, he may (or may not) have trouble when he tries to re-enter the US. I understand the advantages of using the passport, but the fact is, using it creates a some risk for any asylee. I think each person needs to make his own decision about this, as long as they know the risk. If you fear harm from some group that is not the government, I expect that ultimately, you will not lose status if there is a case against you, but there is still the risk that you will have a case against you. Take care, Jason

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sakul October 31, 2017 at 5:06 pm

Hi Jason,
Thank you for your all information about asylum,I am a regular reader of your blog. I have applied I 130 for my parents but the application I 130 I sent there is no bar code in bottom of each page because I used Internet explore and save so is there any problem for that? They need to enter information manually
instead of scan.
Will it delay for processing because of no bar code in I 130 Please let me know your experience or advice.
Thanks.
Sakul.

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Jason Dzubow November 1, 2017 at 6:20 am

Sorry, I do not know about that. Take care, Jason

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Yene October 31, 2017 at 12:16 am

Hi dear sir , I was interviewed by AO almost 2 months ago , and the AO was telling me to pick up the decision after 2 weeks when the interview has finished and I was Eger to known the decision , but befor two days of to be 2 . weeks I got a phone call from the asylum office and informing that the decision is not ready now , so we will send the decision through your home address , do not come it Is not ready yet I also say OK and Waiting the decision, Today it is almost 2 Months nothing I have received , So
1 – Is there any wrong things because some people get their decision after my interview
2- How long to get the decision after AO interview the average time
3- is there any side effects if go and ask about it
Thank for your time

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Jason Dzubow October 31, 2017 at 4:32 pm

1 – It is very common for a pick-up decision to change to a mail-out decision, and I think it has no meaning in terms of whether the case will be granted or denied. 2 – There is no average. We see cases take a few weeks; other cases take years. Most cases are resolved in a few months. 3 – I do not think it helps to ask, but I do not think there is any harm either. Since 2 months have passed, I think you can ask about the case if you want. Take care, Jason

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Mahekky October 30, 2017 at 11:01 pm

Hi Jason

I have question to ask you please.
We have a pending asylum case here.
My husband has a social security and EAD.
Can he send money back home to the country ( persecution of fear) where is father and mother lives. The amount is over $5000.
Will this cause a problem to us at the time of interview since we are sending money to the country we fear persecution.
Will the amount be questioned by USCIS. Also could you please let me know if the transaction will be held because of the amount is bigger.

Are we allowed to send moneh back home to help our extended family members in need.

Thank you!

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Jason Dzubow October 31, 2017 at 4:29 pm

I do not think sending money to family members will create problems for the asylum case (as long as they are not terrorists or using it to pay ransom or protection money, or to support an armed group). As for the amount, I do not know the rules about sending money overseas, so I cannot comment on that. Take care, Jason

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Jay October 30, 2017 at 10:10 pm

Hi

Thank you for the wonderful information you always provide to us on this blog. My husband and I was first interviewed early December 2016 and my husband was interviewed again late December. Two weeks ago I was interviewed again and was asked to sign a form which stated that in our asylum petition that my husband friend paid a ransom to some group who kidnapped my husband when we were in another part of our country running from danger. Though the group are not designated by the Department of State as a terrorist group from my research. My question is, do you think our case could be classified under TRIG and is it possibly the reason why our decision has been delayed for so long?

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Jason Dzubow October 31, 2017 at 4:28 pm

I think that is very possible. TRIG casts a very wide net, and it treats many people who are victims of terrorists as terrorists themselves. Hopefully, the fact that your friends paid the ransom, and not you or your husband, will help, but if your husband or you negotiated the ransom, or the money was your money, I suspect that you will face a TRIG delay, and that can be quite long. Good luck, Jason

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Nano October 30, 2017 at 10:02 pm

Amazing article. Thanks.
Maybe different I have a question about Asylum and change Status based marriage.
I have granted my asylum 4 months ago, I got married to a citizen and today was the interview also for adjusting my status. The question is, after the two years conditional green card the next permanent residence have to will based marriage or asylum?
What is the difference or what is better for being a citizen?

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Jason Dzubow October 31, 2017 at 6:46 am

If you got asylum and then applied for a GC based on your marriage, it sounds like you will get a GC from marriage, and that sounds like it will be a conditional permanent resident card. Before the card expires, you will have to apply for your permanent green card. Also, once you have had residency for 3 years (including the conditional residency), and if you are still married, you can apply for citizenship (you can actually mail the application up to 90 days before your 3-year green card anniversary). Take care, Jason

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Daniel October 30, 2017 at 2:28 pm

It would seem easy to fit accused witches into the PSG or imputed religion categories. What would seem tougher is showing that the persecution was by the government, or by private parties that the government cannot or will not control. “Often no robust state led response” seems a pretty thin reed to lean on to prove that the home country government is unable or unwilling to do anything. How did you deal with that in your gay Rwandan client’s case?

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Jason Dzubow October 31, 2017 at 6:31 am

To call the government response not very robust, as the report does, is being generous. There is a lot of evidence that the governments do not protect such people at all. In my case, the government did not protect him, but also the government persecutes gay people and so there was no real issue about government protection. I do think PSG can be challenging, especially in a case like the mute murders, where the victims are targeted mainly because they are weak and have no protection. Take care, Jason

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Jason Dzubow November 16, 2017 at 6:42 pm

I don’t like to say too much, as I do not want to jinx you (this is the problem with being superstitious), but I am certainly wishing you a positive result. Take care, Jason

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Sara November 16, 2017 at 7:57 pm

Thank you so much!

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Jason Dzubow November 12, 2017 at 8:31 am

USCIS just implemented a policy to interview derivatives on October 1, so we will see how it goes and I will try to report once we see how that is working. Take care, Jason

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Sara November 12, 2017 at 2:06 am

Celia is Team NY 🗽
There’s another Celia on here, and there are several Saras.

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Jason Dzubow November 15, 2017 at 6:42 pm

You have to check the instructions – I cannot provide such specific advice for cases that I am not familiar with, sorry. Take care, Jason

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