The One-Year Asylum Filing Deadline and What to Do About It

by Jason Dzubow on January 18, 2018

The law requires that people who wish to seek asylum in the United States file their applications within one year of arriving here. See INA § 208(a)(2)(B). Those who fail to timely file are barred from asylum unless they meet an exception to the rule (they may still qualify for other—lesser—humanitarian benefits such as Withholding of Removal and relief under the United Nations Convention Against Torture).

If you arrived in the U.S. on this day, you are still eligible to apply for asylum, even if it seems like a hundred years ago.

So why do we have this rule? And what are the exceptions?

Congress created the one-year bar in 1996. Its ostensible purpose is to prevent fraud. If you really fear return to your home country, the theory goes, one year should be enough time to figure things out and get your application filed.

For most people, I suppose that this is true—they can ask questions, find help, and file for asylum within a year. But this is easier for some than for others. People who are less educated, people whose life experiences have taught them to mistrust and avoid authority, people who are isolated and socially disconnected, people who are depressed; such people might have a harder time with the one-year bar (and of course, many of these characteristics are common among asylum seekers). Others will have an easier time: Well-educated people, people who speak English, people who have a certain level of self-confidence, and people who are engaged with the community.

There are also certain populations that seem to have difficulty with the one-year rule. At least in my experience, many LGBT asylum cases were filed after the one-year period. I suspect there are several reasons for this. For one, an immigrant’s primary connection to mainstream America is her community in the U.S. But if she is afraid to reveal her sexuality to her countrymen living here, and she cannot get their help with the asylum process, she may be unable to file on time. Also, there is the coming-out process itself. People in certain countries may not have even conceptualized themselves as gay, and so the process of accepting their own sexuality, telling others, and then applying for asylum may be lengthy and difficult.

Asylum seekers like those discussed above are sometimes blocked by the one-year rule, but in these cases, the rule is not preventing fraud; it is harming bona fide applicants.

Where the rule seems more likely to achieve its intended purpose is the case of the alien who has spent years in the United States without seeking asylum, and now finds himself in removal proceedings. Such aliens often file for asylum as a last-ditch effort to remain in the U.S. (or at least delay their deportation). Many people from Mexico and Central America are in this position, and the one-year rule often blocks them from obtaining asylum (in addition, such applicants often fear harm from criminals; this type of harm does not fit easily within the asylum framework and contributes to the high denial rate for such cases).

Although there may be situations where the one-year bar prevents fraud, the vast majority of immigration lawyers—including this one—think it does little to block fake cases, and often times prevents legitimate asylum seekers from obtaining the protection they need. In short, we hate this rule, and if I ever become king, we will find other, more effective ways, to fight fraud. Until then, however, we have to live with it.

So for those who have missed the one-year filing deadline, what to do?

There are two exceptions to the one-year rule: Changed circumstances and extraordinary circumstances. See INA § 208(a)(2)(D). If you meet either of these exceptions, you may still be eligible for asylum. Federal regulations flesh out the meaning of these concepts. See 8 C.F.R. §§ 208.4(a)(4) & (5). First, changed circumstances–

(4)(i) The term “changed circumstances” … refer to circumstances materially affecting the applicant’s eligibility for asylum. They may include, but are not limited to: (A) Changes in conditions in the applicant’s country of nationality or, if the applicant is stateless, country of last habitual residence; (B) Changes in the applicant’s circumstances that materially affect the applicant’s eligibility for asylum, including changes in applicable U.S. law and activities the applicant becomes involved in outside the country of feared persecution that place the applicant at risk; or (C) In the case of an alien who had previously been included as a dependent in another alien’s pending asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21.

(ii) The applicant shall file an asylum application within a reasonable period given those “changed circumstances.” If the applicant can establish that he or she did not become aware of the changed circumstances until after they occurred, such delayed awareness shall be taken into account in determining what constitutes a “reasonable period.”

It is a bit unclear how long this “reasonable period” is. A few months is probably (but no guarantee) ok, but six months is probably too long. So if there are changed circumstances in your case, the sooner you file for asylum, the better.

The regulations also define extraordinary circumstances–

(5) The term “extraordinary circumstances” … shall refer to events or factors directly related to the failure to meet the 1-year deadline. Such circumstances may excuse the failure to file within the 1-year period as long as the alien filed the application within a reasonable period given those circumstances. The burden of proof is on the applicant to establish… that the circumstances were not intentionally created by the alien through his or her own action or inaction, that those circumstances were directly related to the alien’s failure to file the application within the 1-year period, and that the delay was reasonable under the circumstances. Those circumstances may include but are not limited to:

(i) Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after arrival;

(ii) Legal disability (e.g., the applicant was an unaccompanied minor or suffered from a mental impairment) during the 1-year period after arrival;

(iii) Ineffective assistance of counsel….

(iv) The applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application;

(v) The applicant filed an asylum application prior to the expiration of the 1-year deadline, but that application was rejected by the Service as not properly filed, was returned to the applicant for corrections, and was refiled within a reasonable period thereafter; and

(vi) The death or serious illness or incapacity of the applicant’s legal representative or a member of the applicant’s immediate family.

Again, if you have extraordinary circumstances, you must file within a “reasonable period.” How long you have to file has not been clearly defined, so the sooner you file, the safer you will be in terms of the one-year bar.

When it comes to asylum, the best bet is to file within one year of arrival. But if you have missed that deadline, there are exceptions to the rule. These exceptions can be tricky, and so it would probably be wise to talk to a lawyer if you are filing late. It is always a shame when a strong asylum case is ruined by a one-year issue. Keep this deadline (emphasis on “dead”) in mind, and file on time if you can.

{ 177 comments… read them below or add one }

Situ February 22, 2018 at 5:11 pm

Hey Jason,

I don’t know how to thank for your time and effort on keeping people informed in this chaos.

Could you please advise me on whether my situation worth a discussion with immigration attorney?

I entered legally and I am out of status(since a year) and currently working with EAD based on pending asylum for about 6 months now. My employer is willing to sponsor Employment based green-card for me, if I am allowed to.

Is there any chance I can file for Employment based Green card with only Pending Asylum AND should I even bother speaking to an attorney? (I can’t go back to my home country for Consulate processing this way, if approved. So, I am assuming I can’t)

Thanks,
Situ

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Jason Dzubow February 22, 2018 at 11:07 pm

The employer could petition for you, but if you are approved, you would have to leave the US to get the GC. This may or may not be possible, depending on the situation, but it sounds like in your case, it would probably be possible. You could potentially process the case in a third country. I think all this will be difficult to pull off, but it may be possible, and so you might want to talk to a lawyer about it. The lawyer should specialize in employment-based immigration. Also, if you do this, you may want to get Advance Parole (I wrote about this on September 11, 2017) to use as a back-up plan if you leave the country and for some reason cannot get the GC. Take care, Jason

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M February 22, 2018 at 11:37 pm

Jason,

Why will she need to leave if approved? Couldn’t she just file an I-485 form while staying in the US? Or is it because of the “out of status” situation (but what does it mean here? Maybe unlawful presence?)

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Jason Dzubow February 23, 2018 at 7:09 am

If you are “in status” you can probably file the I-485 and adjust, but if your only status here is asylum pending, that is not considered “in status” for this purpose. There are exceptions to both situations, and so she should talk to a lawyer to review the specifics of the case. Take care, Jason

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M February 23, 2018 at 7:36 am

Thank you for clarifying!

tori February 22, 2018 at 3:18 pm

Hello Jason,

Thank you so much for the effort you are putting into this blog.

I have a question: I entered US in valid Visa in 2015 August. I was in valid F1 status until December 2016 and applied for asyulm in March 2017 after being out of status and being unable to return.

Does the 1 year filing deadline apply to my case, only considering the timeframe and no extraordinary situation change in my country?

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Jason Dzubow February 22, 2018 at 9:43 pm

The deadline applies to every case. If you finished school in December 2016 and filed in March 2017, the question will be, Was it reasonable to take 3 months to file. You should try to get evidence about why you did not file earlier, and why it took you 3 months after you finished school to file. Also, if there is other evidence related to the one year bar (such as changed country conditions), you can get that too. Take care, Jason

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tori February 23, 2018 at 2:18 pm

Hi Jason,

Thanks for the response.

My reason for not filing for 3 months was because I was waiting for my OPT EAD card(work permission for F1 students), which was denied after 2 months of waiting for it because there was some silly mistake in application. (I still hate myself for that.)

Does that sound like a legit reason ?

Thanks,
Tori.

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Jason Dzubow February 23, 2018 at 5:41 pm

We have used similar reasons in the past. It is not the best reason, but if you provide the evidence for that (including the denial letter), I suspect it is likely to work and excuse the one-year bar, but it may depend on the adjudicator. Some are more lenient with the one-year bar than others. Take care, Jason

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Nikki February 21, 2018 at 12:27 pm

Hi Jason,

I’ve heard that recently a class action suit was brought in the Northwest on behalf of asylum seekers regarding the one-year deadline. Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash)

Though I believe that the protected class in the suit was specifically “asylum seekers nationwide who were not informed of the one-year deadline” (and the district judge granted protected class status to the asylum seekers!), the group heading this class action suit was emphasizing the court’s backlog and delay as an obstacle to the asylum seekers being able to file within one year even if they knew about it.

Has an IJ *ever* officially addressed the issue of the courts’ backlog and delayed case filings in the context of the one-year deadline?

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Jason Dzubow February 21, 2018 at 6:46 pm

IJs deal with the one year deadline all the time. Some are easier about it than others. I know of no IJ who addressed this lawsuit specifically, and I suspect that they would not, though their union might address that issue. Take care, Jason

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Midi February 5, 2018 at 8:56 pm

Hi jason
If i apply for food stamp and medical insurance after i granted my asylum can it effect my application for green card after 1 years .other way wish is the save way to get approved the green card is it better to used zom benefist or when you dont apply for any ? Thanks

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Jason Dzubow February 6, 2018 at 7:32 am

Food stamps and insurance should not affect your ability to get a green card. I do not understand your second question. Take care, Jason

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Midi February 5, 2018 at 3:18 am

Hi MR Jason you help lot thanks
My aaylum was approved (granted) now do i apply for green card after 1,year sincethe day of interview or since the day of approval ?
My respecr

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Jason Dzubow February 5, 2018 at 7:31 am

Since the day of approval. Take care, Jason

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Na January 31, 2018 at 5:51 pm

Hi Jason,
I need your help! I came here with J 2 visa, husband was on j1 in Sep 2015. November 2015 i appliedfor asylum… application pending since then for interview.. today i went online to check the wait time and to my surprise its all changed?! They are interviwewing recent cases filled first then cases filled previously going backwards… so i waited for two years.. now i have to wait God knows how long again 🙁 I am sooo sad and shoked.. i have depression from this entire situation! What do you recommend? How long do you think I will be waiting for my interview?

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Viola January 30, 2018 at 7:36 pm

Hi Jason.
I came on f1 visa and am in the process to file my asylum application here in the US. I am gathering evidence to attach to my application. Someone told me that I need an affidavit signed by a court official from my country emphasizing the facts in my application. I would like you to advise me on that. Also before I came here I traveled to Kigali Rwanda for a burial and it appears in my passport. How do I account for this travel in my application?
Thanks a lot

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Jason Dzubow January 31, 2018 at 7:08 am

I have no idea what type of affidavit you would need from a court official. We submit no such documents, but I suppose it depends on your case. As for the travel, you have to tell them about it if they ask. Unless you have permanent status in a third country, such travel should not affect your application. Take care, Jason

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Rita January 25, 2018 at 6:11 pm

Hello, Jason
I arrived to US on June 2013 and applied for asylum on November 2014 which is after one year deadline. My lawyer suggested me to apply later as I was legally staying in the country. I had h2b visa march-November 2014. Is that a good reason to apply after one year because I was legal? And what would be a better reason why I applied late? Thank You very much !

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Jason Dzubow January 26, 2018 at 6:51 am

I always recommend that people file within one year if possible. But if you have legal status beyond the one year, such as an H2b, that is an exception to the rule and you should still qualify for asylum. Take care, Jason

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rose n January 25, 2018 at 10:37 am

hello Jason please im really confused about the asylum system here in china. i got the asylum but when i asked for a travel document from the asylum office they told me i can cancelled it and go back to my country.that it is not possible to leave the country.i cant go back to my country and im not giving the opportunity to work or study.is it possible for me to move to a third country?

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Jason Dzubow January 25, 2018 at 6:27 pm

I have no idea about the asylum system in China. Maybe you can find a lawyer there or someone else who knows about it and can help. Take care, Jason

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rose n January 27, 2018 at 9:58 am

thank you Jason

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Prashish January 25, 2018 at 2:38 am

Dear jason and all greetings.I am asylum applicant since 2015.This site give me a lot of information,i am so thankful to mr jason for this immortal work.My case is still pending,today i want to share my story,i came through b2 visa on 2015 march and applied political asylum aug 2015.i am having stress because of my marital status,i was married when i was in my country but only culturally for 3 months.That’s why i wrote my marital status married while applying visa in my country.after arriving united states my ex wife got married with another man.That’s why I wrote my marital status divorced while filling asylum application.I married only culturally{we had been togather for 3 months only}last year i got married here (she is us citizen)and we have a baby to.but still I am not able to register my marriage in county because of previous marital status.I don’t know what to do.In this situation what should i do.Things are happening!i don’t know what is the way i can clear path.😭

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Jason Dzubow January 25, 2018 at 7:42 am

Talk to a family/divorce lawyer. You need to resolve the original marriage and have a legal divorce before you marry in the US. Also, be careful, as bigamy (marriage to more than one person at the same time) can be a deportable offense under the immigration law. Take care, Jason

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Nasir January 24, 2018 at 11:43 pm

Dear Jason , hope your doing well it’s almost 8 mount my father waiting for asylum decision however last mount he received Emil from Arlington AO they wrote your case is in final decision once final decision reach we mail to you . What you think it’s good he contact with senator or no ?
Many thanks .

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Jason Dzubow January 25, 2018 at 7:39 am

He can try, but in general, I think asking for help from Senators is a waste of time. In any case, it won’t hurt, so he can try. Take care, Jason

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Nasir January 27, 2018 at 12:05 am

Dear Jason thank you vary much for your reply , what you advice him how about ombudsman’s ?

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Jason Dzubow January 28, 2018 at 11:13 am

You can try the USCIS Ombudsman – a link is at right. They rarely help, but it’s free and so there is no harm in trying. Plus, you should do that before you try a mandamus, as the federal court will want to know whether you tried all other administrative remedies before going to court. Take care, Jason

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TJ January 24, 2018 at 12:15 am

I wanna file for asylum
But my middle name is too long
4 names in my middle name like the passport
Can I include just 3 names in the middle name without space among them?
Regarding the first and last name fit the brackets and I write it easily
Is there a problem to write the middle name combined with no spaces?

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TJ January 24, 2018 at 12:18 am

That’s happen when I tryied to fill the I589 form

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XY January 25, 2018 at 2:56 am

I am not Jason, but as a follower of the blog I can tell you that USCIS is doing all the background check using an applicant’s name. Your whole claim stands on your identity and name is applicant’s identity. Thats why USCIS ask for all the names previously used. Do not play with it. Write it the way it is. I think even removing or adding a space change the name/meaning. You do not need to put your credibility at question by misspelling or misrepresenting your name. It doesn’t worth it.
Hope it helps, and good luck with your case.

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XY January 25, 2018 at 3:01 am

Please use extra space, if it doesn’t fit the brackets.

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Jason Dzubow January 25, 2018 at 7:43 am

You could also write the name by hand, so you can write small and make it fit. There is no requirement that you type the form. Take care, Jason

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Jason Dzubow January 25, 2018 at 7:16 am

You can include whatever fits on the form (maybe one middle name and one initial). Below that there is a space for “other names used” and you can write your whole name there. In the alternative, where it asks for your name, you can write “See Supplement B” and then write your entire name on the very last page of the I-589 form (Supplement B). Probably it is best to have the name on page 1, though, in order to avoid confusion. Take care, Jason

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tc January 26, 2018 at 2:07 pm

my first and last name are written exact the same in the passport and ID
the name is:
[editor – removed the name]
I omit the space between the two middle names
I think the first and last name are the important, right ?

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Jason Dzubow January 26, 2018 at 3:38 pm

I removed your name as it is a bad idea to put your full name on the internet like that. In any case, I think you should list all your names. If it does not fit on the form, write it by hand and write small – it should fit. We have had clients with longer names than yours, and there has never been an issue. Take care, Jason

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tc January 28, 2018 at 1:32 am

oh, sorry about that. and thanks for deleting it.
It didn’t fit by my browser.
and I have already sent the application with no space between the 2 middle names
with a photocopy of the passport and my name is on it.
but you think it’s not an issue, right ?

tc January 28, 2018 at 7:27 pm

please Jason tell me. I’m worried

M January 23, 2018 at 9:59 pm

Hello Jason,

Have you seen any cases when an applicant with a pending case applies for an H1b visa or a GC (EB-2)? Are there any difficulties associated with it? As I understand, once a case is pending, one’s status in the country is in the “grey” zone and adjustment of status can be problematic (it’s probably more related to a GC). If one gets an H1b visa, can it be stamped in the passport while in the US (I assume no) or in a third country (say, Mexico)?

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Jason Dzubow January 25, 2018 at 7:11 am

You could have asylum pending and some other status (H1b or F-1, for example). If so, you can usually change to another status without leaving the US. If your only status in the US is asylum pending, then you probably need to leave the US to get an H1b or an EB2, and this may or may not be possible, depending on the case. Also, you may be able to get the new visa in a third country. You need to talk to a lawyer about the specifics of the case if you plan to try this. Take care, Jason

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M January 28, 2018 at 12:04 pm

Thank you for clarifying, Jason!

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Laura January 23, 2018 at 9:04 pm

Hello,

When I went to check in at immigration today they had me bring passport pictures of me and my children. After waiting a very long time, they came out and handed me an I-94 for each of us stamped with a Humanitarian Parole for the next six months. What does this mean?

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Jamie January 24, 2018 at 11:33 am

Hi Laura,

Did you travel? Are you an asylee, Green Card Holder, just visiting the country, on TPS, asylum applicant, ….?

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Jason Dzubow January 25, 2018 at 7:09 am

I do not know, as I do not know your status or why you went. Typically humanitarian parole is a way that people are allowed to enter and remain in the US when they do not have a visa or other permission to come here. Take care, Jason

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Laura January 25, 2018 at 11:12 am

Sorry. I should have given more information. I am an asylum applicant.

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waiswa January 23, 2018 at 8:04 pm

Hey Jason
We appreciate, a quick one, all these i am going through came as a result of someone trashing my mails my without knowledge. i did applied for change of address using the R-11, have been having communication with my local office but all they confirmed was the date they received my application and gave me my A number despite requests to send me a copy of my acknowledgement receipt. I have tried to follow up by phone but still can’t get, my worry is, my days are getting finished this month, from the date they indicated in the email that they received my application, so i can be able to apply for work permit. can i be able to apply for work permit without the copy of the receipt? what options are there for me? thanks

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Jason Dzubow January 24, 2018 at 6:47 pm

I do not know how to apply for a work permit without the receipt. You can either try going in person, if it is not too far, and maybe they can give you something. Or you can file the Freedom of Information Act request, form G-639, available at http://www.uscis.gov, to get a copy of your file and receipts. That is free, but it will take several months. Good luck, Jason

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Carl January 23, 2018 at 5:21 pm

Hello Jason,
I entered in usa Jan24 2015 and my admission on usa until jul23 2015.but I filled asylum on jul24 2015.i mean the usics is received my case on jul24 2015.i am waiting for the interview letter.does it make any problem for me.My lawyer didn’t say anything to me.
Thanks

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Jason Dzubow January 24, 2018 at 6:44 pm

As long as you filed your asylum case within one year of arriving in the US, you should be eligible for asylum. I do not see any problem for you based on these dates. Take care, Jason

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Raj January 23, 2018 at 3:41 pm

Hi Mr. Jason

My asylum case is pending from last 1 year. According to bulletin it will take 2 more years for interview. My passport will be expired in August 2018. Should I get renewed my passport ?

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Jason Dzubow January 24, 2018 at 6:43 pm

Generally, it is a bad idea for asylum seekers to renew their passports, but it depends on the case and on whether you need the passport to live your life. It is best to avoid renewing, but if you do renew, you should be prepared to explain why you renewed a passport from a country where you fear persecution. This is more of an issue if you are afraid of the government than if you are afraid of a terrorist organization, but as a general rule, it is better not to renew if possible. Take care, Jason

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Kerrian mcmahon January 23, 2018 at 11:34 am

Do i need to do a biometrics for my work authorization…is it a requirement

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Jason Dzubow January 24, 2018 at 6:37 pm

USCIS used to do that, but in the past year or two, they are not doing it, so you probably will not receive a biometric notice for the EAD. Take care, Jason

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Sabir January 23, 2018 at 8:34 am

Hi Jason,

I had filed for green card after completing one year from my asylum grant and then due to backlog in USCIS green card processing my application got delayed for an entire year. Now USCIS informed me that my medical examination form (I-693) need to be redone by a civil surgeon. They have also asked if I want to update a G-28 and introduce a lawyer to present my case to them , I am okay to repay the civil surgeon the money and redo the medical examination though the delay in my case was done by USCIS but do you think I should also hire a lawyer to expedite things even though I know how to fill and submit I-693 ?

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Jason Dzubow January 24, 2018 at 6:34 pm

Unfortunately, this is happening a lot with the medical exam. It is very unfair, but so it goes. The question about the lawyer is probably just a standard letter they send to everyone, and unless you feel you need a lawyer, you can probably do without (unless you have a criminal conviction or some other immigration issue, or you are unsure about the application). Take care, Jason

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Sabir January 29, 2018 at 3:42 pm

Hi Jason,

Thanks for your response. You are a beacon of light for all of us who are stuck in the back log of US immigration system. I don’t know to whom shall we complain, I paid more than $250 and spent so much time lasy year with that civil surgeon to get the medical examination done not knowing that the slow process of USCIS will cause a one year delay in my application which will cause this examination to expire. I called USCIS and tried to explain them if they can help me waive the fee or do something so I don’t have to redo it, I got a very bad response they basically said “it is your issue and you need to decide on it..” I was charged another $370 for a new medical examination by a civil surgeon. I just hope this ends here now.

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Jason Dzubow January 30, 2018 at 7:17 am

There is nothing to be done. Now that I am aware of this issue, I no longer will send the medical exam with the application, but it is yet another example of USCIS treating their “customers” like garbage. In my opinion, it is a disgrace. Take care, Jason

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Sun January 23, 2018 at 1:16 am

Hi Jason,
We came to the US with visiting visa 2012 and changed it to F visa. My wife applied for asylum in March 2013 and our first interview was Dec 2016 and second one was May 2017. I am dependent in her case and we are both on F1- OPT status now. We are still waiting for the result. We were told the decision is waiting for background check.
First, how we can expedite the case? Is it possible to contact our Congressman, representer or senator to help?
Second, I started to apply for EB2 with my employer. My work authorization based my OPT status is going to end by Nov 2018, Do you recommend to apply for H1-B Visa this march or before ending of my OPT work authorization, I can apply for asylum work authorization? In this way I won’t have status but I have work permit until my EB2 application reach to end.
Third, do I jeopardize my asylum application if I apply for AP for going abroad, since I am dependent in my wife application?
Thanks for you time.

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Jason Dzubow January 24, 2018 at 6:29 pm

1 – You can try to contact the congress office, but I doubt it will help. It won’t hurt though. You might also just contact the asylum office directly to inquire about your status. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – You can apply for H1b, EB2, and an asylum-based EAD. There is no conflict between these. Whether you can get the H1b or EB2 without leaving the US depends on your status, but if you are in valid OPT, you should be able to do that – ask the H1b/EB2 lawyer about that. 3 – If you get AP, you should be fine. However, if you go to the country where she fears persecution, that trip may need to be explained, and it might affect the outcome of her asylum case. Take care, Jason

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Sun January 24, 2018 at 11:51 pm

Thanks for your reply,
Regarding expedite the background check, you suggested to put an inquiry. Basically, is there any way to expedite the case? I know the result of inquiry, they will mention my case is pending because of background check. My question is how I can find any person, committee or office to expedite this process? It has been taking 5 years since we applied.
Thanks

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Jason Dzubow January 25, 2018 at 7:40 am

I know of only two things – contact the USCIS Ombudsman (which will probably not help, but you should try anyway) and then file a mandamus lawsuit. There is just very little to do to get them to make a decision in a long delayed case, other than the mandamus. Good luck, Jason

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Sun January 26, 2018 at 7:16 pm

Thanks a lot.

w411 January 22, 2018 at 11:11 pm

I want to post this timeline to my asylum case.

Applied Oct 2015 to San Francisco office
Fingerprinted in Ott 2015
Scheduled to interview in early February 2018. I was given a pretty short notice. I hope this helps.

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Raj January 23, 2018 at 2:46 am

Hi w411
Thanks for sharing your timeline.
Can you please recommend a good Attorney in San Francisco Bay Area ? I am looking to hire an attorney for my case.
Thanks

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Kyla January 23, 2018 at 10:03 am

Hello
Here I can recommend him in SFO

[editor – sorry, we do not allow links to law firms that we do not know]

He is very good attorney in SFO

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Raj January 23, 2018 at 2:45 pm

Hi Kyla
Thanks for your reply. I think link is not approved to post here but you can tell me the name of person I will find it.
Thanks

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Kyla January 23, 2018 at 7:50 pm

Hi Raj,

His name [again, I cannot allow such info to be posted here – hopefully you got it; if not, please exchange emails and send it by email – Thank you], he is very good attorney in SFO but also very expensive, but its worth it to hire him.

Jason Dzubow January 24, 2018 at 6:36 pm

Sorry, I cannot allow links to other law firms when I do not know the firm. If you want to exchange email address, you can do that and then email such information. Thank you, Jason

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EF January 22, 2018 at 9:36 pm

Hello Jason ,

I would like to thank you for being so helpful and caring about asylum seekers, I would like to ask you about the country reports we need to submit to the Asylum Office , do I have to highlight the parts that are related to our case , or we just need to submit the report as it is

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Jason Dzubow January 23, 2018 at 7:39 am

It is a good idea to highlight the relevant parts, as that makes it easier for the asylum officer. Take care, Jason

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KIUS MELAKU January 22, 2018 at 8:33 pm

Hey Jason,
I am an asylum seeker and have given my fingerprint and waiting to apply for my work permits. I bought a plane ticket from Atlanta, Georgia to Baltimore. would I have any complications with the authorities dealing with my travels and if there is what would the consequences be? should I go with air transport? please help me jason?

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Jason Dzubow January 23, 2018 at 7:37 am

I have not heard about people having any problems who travel domestically. I wrote something about that issue on May 3, 2017. Take care, Jason

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Ali January 22, 2018 at 5:28 pm

Hi Jason,
It’s been 5 months my work permit is expired and waiting for the renewed one to come. would it be more delayed because of the current federal shutdown. Also I added my wife and kids in my case a week before . Will that also be effected by this shutdown. Because I am expecting call for their finger prints.
Thank you in advance
Stay blessed

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L.F January 22, 2018 at 7:20 pm

Hi Ali !
Sometimes is takes more than 7 months to get the new AED( for second time)… mines took that long, 7 months, Nebraska office . Hope you get it soon
Take care

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L.F January 22, 2018 at 7:21 pm

EAD*

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Jason Dzubow January 23, 2018 at 7:33 am

The shutdown is over, but even if there is another one, USCIS is not affected, since their budget comes from the fees people pay to get their immigration status. As for renewed EADs, that is often taking 7 months. Take care, Jason

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Ali January 24, 2018 at 8:30 am

Thank you LF and Jason the best

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Nilo January 22, 2018 at 5:00 pm

Hi Jason,

My wife granted asylum and then I filed 1-730 to join her. I am currently in USA ( marriage happened before asylum granted). I received notice of receipt for I-730. Now, can I apply for EAD while waiting for the result of I-730?

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Jason Dzubow January 23, 2018 at 7:31 am

You cannot – once the I-730 is approved, you will be eligible to work, though you may need to apply separately for an EAD. Take care, Jason

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Juan January 22, 2018 at 12:39 pm

Hi Jason, My family and me where living in Florida, but in 2016 we moved to Arizona, and we filed the AR-11 (change of address) on time and we got the confirmation. However, we got the Asylum Interview Notice on my old address (Florida), and a friend of us let us know, It say we have an asylum interview in Miami Asylum Office.

Do you think if we travel from Arizona to Florida the Immigration officer will interview us? Or will Transfer the case to Los Angeles Asylum office where we are supposed to go?

Thanks in advance!

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Rsv January 23, 2018 at 2:28 am

Hi Juan,
Did you make sure you sent the copy of ar-11 to the office by mail as without that the process i guess is incomplete for change of address for asylum applicants. Also when did you initially applied for asylum in florida. If based on the schedlling bulletin of florida you have been called for the interview i guess they might not have your new address. You or your attorney can send the letter to make sure this bcoz it is likely they woudnt interview you bcoz of the jurisdiction issue.

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Jason Dzubow January 23, 2018 at 7:25 am

It is probably their mistake, as the Asylum Offices seem to be making a lot off mistakes lately. I think you will have to attend the interview in FL if you can (assuming your interview notice indicates the FL office). Make sure to bring evidence that you filed the change of address. Alternatively, you could try contacting them and telling them that you changed your address and you cannot attend in FL. And see what they say. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Juan January 23, 2018 at 11:57 am

Hi Jason Thanks for the reply, if you think I have chance to be interviewed, I’m willing travel to Florida. What do you think? Thank you!

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Jason Dzubow January 24, 2018 at 6:39 pm

If you have an interview scheduled, you should go or contact the asylum office and tell them you moved and cannot attend. You can find their contact info if you follow the link at right called Asylum Office Locator. If you do go, bring evidence that you filed a change of address. Otherwise, they might refuse to interview you, and you will have wasted a trip (they could do that anyway, but it would be very rude to deny you an interview when you filed a change of address and they improperly failed to move your case). Take care, Jason

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Juan January 25, 2018 at 7:34 pm

Thank You!

Raj January 22, 2018 at 1:47 am

Hi jason
I want to ask you one question.
I came here in USA on F-1 visa and then I applied for asylum. I am no longer in status with my F-1 visa. My question is that if my parents apply for tourist visa for USA can visa officer check there that I have applied for asylum in USA after checking my visa copy ?
Can they check that I am no longer in status with F-1 visa ?
Someone told me foreign embassy is not able to see that I have applied for asylum in USA.
Thanks

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Nyc January 22, 2018 at 11:47 am

Of couse they know

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Jason Dzubow January 23, 2018 at 7:19 am

I do not know, but I suspect that they can check. Your parents should assume that any Immigration Officer they speak to will know your status. Take care, Jason

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Bhatti January 21, 2018 at 7:59 pm

Hi Jason, my attorney enter arrival date on my I-485 application when I was issued I-94 after granted asylum, he said that my I-94 issued date means I was re-admitted in US. I never left the country since I came in US, would it be any issue? My application is pending since 6 months already. Please advise.

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Raj January 22, 2018 at 1:44 am

Hi Bhatti
Can you please share your timeline and which office you applied for asylum??
Thanks And all the best

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Jason Dzubow January 23, 2018 at 7:14 am

Even if that is an error (and I am not sure that it is), I think it is no big deal. If USCIS has a problem with the date, they can request clarification. Alternatively, I suppose you can send them a letter clarifying, but this may cause more confusion than help. I am seeing GC cases take 10 to 12 months these days, so you probably have a few more months to wait. Take care, Jason

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lola January 21, 2018 at 3:02 pm

Hello Jason,
My green card application after one year of granting asylum was recieved by Nebraska office on Mar/10/2017 right with my child’s application, my child ‘s approval notice was issued Dec/21/2017. I’ve contacted USCIS requesting information about my application and this was their response: U.S. Citizenship and Immigration Services (USCIS) records indicate your application is currently pending and has been pre-adjudicated. Final review by an officer is dependent upon additional reviews on your case. Please keep your mailing address current to avoid missing any correspondence or notices.
What does that mean? it brought back ugly memories of asylum decision waiting, is this normal? how long would you expect this to take?
Thank you,
Lola

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Jason Dzubow January 23, 2018 at 7:06 am

There are delays at all stages of the process these days, and green cards can be delayed too, unfortunately. There is not much to be done, and I would not normally expect the process to be completed for 10 to 12 months. The fact that your child’s case was completed more quickly is good, but I do not think it says anything good or bad about your case. Hopefully, you will get your GC soon too, but I think there is nothing particular to worry about at this point. Take care, Jason

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Alex January 20, 2018 at 2:33 am

Dear Jason,
Do family members added to the asylum application after it was already filed by the principal applicant have to wait 150 days in order to apply for an employment authorization card? Thank you

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Anonymous January 20, 2018 at 9:52 pm

@Alex yes

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Alex January 20, 2018 at 11:22 pm

I heard some lawyers say family members do not have to wait 150 days if the principal applicant already has an EAD. I need clarification on this issue, please

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Sara January 21, 2018 at 12:12 am

Hey Alex,
They will follow your timeline, meaning that they won’t have to wait an additional 150 days.
As always, it’s best to wait for Jason’s reply.

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Alex January 21, 2018 at 1:41 am

Thank you for your answer, Sara. That’s what I think too, but still want to confirm it with Jason since he is an expert in this.

Jason Dzubow January 21, 2018 at 12:05 pm

As the Fonz would say, correct-a-mundo.

Jason Dzubow January 21, 2018 at 12:04 pm

Once the family member is added to the asylum pending case, he/she can file for the EAD on the same schedule as the principal applicant. Take care, Jason

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Alex January 22, 2018 at 8:43 pm

Thank you, Jason

Haweken January 21, 2018 at 7:18 am

Alex,
Jason will give you the right answer. Meanwhile, from my experience, derivatives’ clock is the same as the primary’s clock, meaning they don’t have to wait 150 days. However, USCIS will need proof that they are included with the primary. The form they received for their biometrics can be used or may be you can ask the asylum office to give you a letter explaining that they are your dervatives.
Good luck.

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Jason Dzubow January 21, 2018 at 11:46 am

If the case is pending and you add a family member, the family member can file for the EAD on the same schedule as the original applicant; they do not have to wait an extra 150 days. Take care, Jason

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Anonymous January 21, 2018 at 10:43 pm

My case is pending since September 2015, i added my spouse November 2016, spouse waited 150 days before he filed for EAD, he got it 4 months later making nine months, despite the fact that my case has been pending for more than a year.

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Broken January 22, 2018 at 2:17 pm

In my case, I added my wife and kids and as soon as they received the fingerprinting notices, they were able to apply for EAD which were issued in less than a month

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Ajib January 20, 2018 at 1:06 am

Dear Jason

Following your articles for over than a year I finally got my asylum approved 2 months ago. Im an Iranian and would like to visit my mom in turkey. I am applying for refugee travel document and just read in uscis website that border agents may decide to refuse to let you back in for any reason so I’m kind of scared of leaving the country even with a refugee travel document.

I would love to have your opinion on this, can they just stop me from entering back to the US even tho I haven’t traveled to the country which I fear execution in?

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Jason Dzubow January 21, 2018 at 11:45 am

I have not heard about people with an RTD being denied entry into the US, and so I think you are safe to travel (assuming no criminal arrests or terrorism related issues). Take care, Jason

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Ajib January 21, 2018 at 12:46 pm

Thank you Jason, you’re the best!

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Nana January 20, 2018 at 12:43 am

hi jason,
I asylee here in usa and my case still pending , may father and mother they have usa visas and it will be first time they come to usa , do you think they face problem in airport here because my case ?
Thanks

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Jason Dzubow January 21, 2018 at 11:44 am

Probably not, but it is possible they will be denied entry if the Border Agent knows about your asylum case and thinks that your parents will seek asylum here. Take care, Jason

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Cris January 20, 2018 at 12:29 am

Hi Jason! It’s me again. Can I ask you another question? My asylum was denied last December 2017 and I am scheduled to appear to Immigration Judge this October. By the way, My EAD will expire on May 2019. My questions are: Is my EAD still valid now that my asylum case is denied? 2nd question: After I see the Immigration Judge in October, while waiting for the result can I still renew my EAD? Thank you very much again and more power to you.

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Jason Dzubow January 21, 2018 at 11:41 am

If your case was referred to court, your EAD is still valid and you can renew it up to 180 days before it expires. Take care, Jason

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Cris January 22, 2018 at 3:32 pm

Thank you very much,.

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Celia January 20, 2018 at 12:13 am

Update: we got the letterfrom court for asylum-only hearing, since we arrived on visa waiver program. It’s in the summer but our attorney says it’s a master case hearing and we should treat it as one.
But the court sent the judge’s order too with the mail which is blank but says the name and date. Am I foolish to think this might be a final hearing?
Do you know anything about asylum-only proceedings?

Also our attorney forgot to mention along the way that we have to pay for court and have to hire them again. It hurts a little because right now we don’t have the money to pay as we used our savings. We have a few months to decide, but it’s hard because their office knows our case and has been with us for these past few years. I just feel like our attorney didn’t disclose important information along the way, I’m disappointed because of the lack of honesty.

Hiring someone new might not be a good idea?!

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Sara January 20, 2018 at 12:29 am

Hi Celia,
Happy to see an update from you! Any progress is great.
The asylum-only hearing was mentioned in the part of the I-589 that Jason had highlighted previously. He had aslo mentioned that your lawyer should find out more about this, and that the information would be in the CFR – the Code of Federal Regulations.
As for the lawyer charging a separate fee for court, it’s unfortunate because of the added expense, but it’s also fair as she was hired for the asylum case until the interview stage. That’s usually the case, but I’m not sure if your contract stated otherwise or was vague about this.
If you can’t pay the fee, maybe look into pro bono options? Either way, make sure you secure legal representation as it seems to be essential in court based on Jason’s advice to other applicants.
All the best!

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Jason Dzubow January 21, 2018 at 11:43 am

I will say one more thing here. Even though I would have made the same mistake as Celia’s lawyer (I did not know that Visa Waiver countries are not eligible for asylum office interviews), I would give her a break on my court fees, since that was my error, and ultimately, it was my responsibility to know that (even though, again, I think her error was understandable, but it was her error). Take care, Jason

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Jamie January 21, 2018 at 4:12 pm

Jason,

I completely agree with you. A part of the reason an applicant hires an attorney is to research ALL applicable laws to the client’s case. While we are human beings and sometimes make mistakes, I find it unacceptable, abominable, and immoral ( and I stand by these strong adjectives 100%) that the lawyer wants to charge a full fee for court representation when she is to be blame!

I would try to see if I can find an organization that provides pro bono representation. But you have to convince them to take your case as they can sometimes be picky if they feel like your case is not strong or winnable. Try as many organization you can that provide pro bono work for asylum applicants. Do not give up your current attorney yet until you have secured a new lawyer. The good thing is that you have a lot of time to do research and ultimately figure out what to smartly do.

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Jason Dzubow January 23, 2018 at 7:09 am

I don’t feel quite as strongly about it, but when I have made mistakes, I generally did the remainder of the case for free or much lower. In this case, I am not quite sure what I would have done, but I would not have charged the full fee for sure. Take care, Jason

Jason Dzubow January 21, 2018 at 11:25 am

The court notice should indicate whether it is a Master Hearing or an Individual. In almost all cases, the first hearing is a Master. As for the lawyer, it is normal to hire a lawyer for an asylum office case, and then if you lose, you have to hire the lawyer for the court case. It may not have been completely clear from your conversation with the lawyer. I try to mention this to people (and our contract clearly indicates what it is for), but people sometimes do not remember or do not understand. If you are not happy with the lawyer, you can certainly hire someone else. I do not think there is much disadvantage to this, especially here, where there seems to be some issues with the lawyer. Maybe you will be happier with someone new, but it is really up to you. Take care, Jason

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Celia January 23, 2018 at 10:03 am

Thank you for the thorough answer as always.
I will make an appointment with another lawyer for a second opinion just to feel comfortable.

Also, I got an opportunity for a short term job/gig in another state which requires me to travel and stay there for a while. Will the judge go into my tax return and see I was working and living in two different states? Do they look into it at all? I mean other than confirming that the applicant is paying taxes. Do I have to pay taxes for both states? I know Federal but I’m not sure about state.

I might’ve asked this already but I can’t find it anywhere.

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Jason Dzubow January 24, 2018 at 6:35 pm

I am not sure about taxes, but the company should work that out, or find an accountant. As for the job, if it is a temporary move and you keep your permanent address the same, you should be fine. But keep as much as you can at the permanent address – driver’s license, taxes, lease, etc. Take care, Jason

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Celia January 26, 2018 at 11:58 am

Thank you!!!

YC February 5, 2018 at 5:14 pm

Hi Jason, Celia and everyone,

When one arrives on visa waiver program, but does NOT apply asylum at the airport, but only LATER many weeks after decides to apply, will he immediately get referred to IJ, OR does he get an interview with AO?

Jason, any of your clients from Visa Waiver program gets a normal interview by the AO at all? Thank you and await your response.

Celia, do you receive a case receipt notification and bio-metrics notification like the rest of us? Thank you and await your response.

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Jason Dzubow February 6, 2018 at 7:23 am

You have to check the I-589 instructions, available at http://www.uscis.gov, but I believe Visa Waiver people must apply in 90 days (but double check the time frame, as I am not sure). If so, they get an interview at the asylum office. If not, they will likely be scheduled for an interview, but then automatically referred to court, since they are not eligible for an interview at the asylum office if they filed late. Take care, Jason

sarahope January 20, 2018 at 12:08 am

Hello Jason, My asylum is pending decision from Chicago office since February 2017 I have moved to another state but preferred to keep my old mailing address in Chicago. My lawyer hasnt informed the USCIS of change of physical address. I dont know why! but I would like to think its for my benefit! My questions are:
1- Would that hurt my case not informing USCIS of change of physical address?
2- My 75 years old father health is deteriorating I want to travel to see him in 3rd country where he is suppose to travel to get better health care should I apply for travel parol from the address I currently live in or my previous address in Chicago?
3- My passport is expired and I need to get a new one to be able to travel, will contacting my embassy in DC will hurt my case ?
4- Can I contact AILA to help with expediting the decision and what is the process?

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Jason Dzubow January 21, 2018 at 11:22 am

1 – I wrote about this on June 24, 2015 – that might help. If the asylum office thinks you are lying about your address, they might also think you are lying about your case. 2 – You would use Advance Parole, form I-131, available at http://www.uscis.gov. I think it is better to use the same address for all forms – the address where you live. 3 – Maybe; it depends on the case. If you fear persecution from your government (as opposed to persecution from a terrorist group), it certainly could affect your case. At least you should be prepared to explain what you did. 4 – I do not think AILA assists individual applicants. Take care, Jason

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HOPFAN January 19, 2018 at 11:37 pm

Hi Jason
I still want to thank you for being of great help for some of us out here needing help. May God richly bless you.
Right now am confused, i am married but left my husband home because my life was in great danger due to political war which is still going on now. I have been here for 1 year with a pending asylum case. Right now my in laws are threatening a divorce reasons that we don’t have a child but i love my husband. My dream has always been for us to be together.
My question; it is adviceable to file for travel document with a pending asylum? so we could meet in a neighbouring country.
If yes which option should i take in part 2 question 1 of form I-131. I greatly need your help
Thank you

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Jason Dzubow January 21, 2018 at 11:16 am

I cannot answer specific questions about forms, but I wrote about Advance Parole on September 11, 2017. Maybe that would help. Also, I wrote about expediting the case on March 30, 2017 – you could try that too. Most people with asylum pending can travel using Advance Parole, and then you could meet your husband in a third country. Take care, Jason

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Aaaaa January 19, 2018 at 11:18 pm

Hi Jason, thank you for your wonderful platform. I requested for FIOA to get a copy of my 1-589 form last July. I was called for an interview in August but i never received my decision. Yesterday i got a response from the FIOA office. they sent me my copies of the application to asylum and all the evidences i submitted, also they sent me a copy of the asylum approval letter dating 20/08/17 but i never receive anything from the asylum office. should i send the Chicago asylum office a note to inquire or just wait? Thank you

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Jason Dzubow January 21, 2018 at 11:14 am

If you have the asylum approval letter, the case should be over. But maybe you want to email them (and include a copy of the letter) and tell them that you never received it. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, make sure that they have your current address. Take care, Jason

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Aaaaa January 21, 2018 at 4:05 pm

Thank you

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Nyc January 19, 2018 at 7:06 pm

Just have interview today
It was not good I expected they would ask a lot of questions but they just a few things
S.o will ask me time line
And location
Apply sep 2015
Interview December 23 2017 then asked for reschedule
Newark offer
I feel not really good

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Jason Dzubow January 21, 2018 at 11:08 am

We have had interviews that seemed bad and then the person was granted, so we will hope for the best. Take care, Jason

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Hasem January 21, 2018 at 4:48 pm

Thanks Jason,
I got my interview date and that day my lawyer don’t want to go with me as he has another case.Thats why me and my wife decide to go to the interview without lawyer.We are waiting for this date for last 3.5 years.can you kindly suggest me where from I can take an interpreter.

Thanks

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Nyc January 21, 2018 at 9:42 pm

You can reschedule. new date will come 2-4 weeks
Not thatlong time
You have time to prepare.

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Hasem January 22, 2018 at 2:25 am

Thanks NYC

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Jason Dzubow January 23, 2018 at 7:12 am

If this is an asylum interview and your lawyer cannot go, you can reschedule the case so that he can go (if you want). This usually only causes a delay of a few weeks. Talk to the lawyer about that. As for the interpreter, anyone who speaks English and your language fluently can do that, though professional interpreters are much better than people who merely speak the two languages. I cannot suggest a service for you, but maybe your lawyer can. Otherwise, maybe a community organization can recommend someone. Take care, Jason

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Nyc January 21, 2018 at 9:19 pm

Thank you

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Hasem January 19, 2018 at 6:42 pm

Dear Jason,

What if the attorney don’t go to the interview date?i mean is there any necessity of the attorney to be with the client in the interview date?
Thanks

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Jason Dzubow January 21, 2018 at 11:06 am

You are not required to have an attorney at the interview. However, it is usually better to have one, in case any issues arise at the interview. Take care, Jason

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Thomas January 19, 2018 at 11:23 am

Am I considered to have a “bona fide“ tie or relationship to the US government if I already won asylum?

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Jason Dzubow January 19, 2018 at 5:42 pm

I am not sure what that means, sorry. If you are thinking of the travel ban, people with asylum are not affected. Take care, Jason

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Thomas January 19, 2018 at 11:16 am

Hey Jason,

If the government shuts down, do USCIS and the asylum offices close? Or do they keep running?

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Sara January 19, 2018 at 11:45 am

Hey Thomas,
The most concise page that I’ve come across with information on how a shutdown affects USCIS and immigration court is this:
https://www.shusterman.com/government-shut-down/
Hope this helps.

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Jason Dzubow January 19, 2018 at 5:44 pm

Why are you advertising my competitor on my website? Did Carl put you up to this?!

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Sara January 19, 2018 at 5:52 pm

Oops! After posting the URL, I was wondering if that was another lawyer’s name. Maybe we can charge Mr. Shusterman per click! Ka-ching!

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Jason Dzubow January 19, 2018 at 6:11 pm

Great idea – that guy is raking it in.

Jason Dzubow January 19, 2018 at 5:41 pm

USCIS is open, and I think asylum offices will be open too. I will find out, as I have an asylum interview on Monday morning. Take care, Jason

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Hakim January 19, 2018 at 12:11 am

Hello Dear Jason,

My question is if the officer considers the mailing date as the withing of year

Thanks

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Jason Dzubow January 19, 2018 at 7:17 am

There is a regulation about this, but I forget the number. In short, if you mail the case before the deadline, and it is received after the deadline, they will considered it timely filed. In this case, it is very important to have proof of the mailing date – such as a post office or Fed Ex receipt for certified mail, as it is your responsibility to prove that you mailed the case on time. Take care, Jason

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Hanif Zahidi January 18, 2018 at 11:54 pm

Hi Jason

I Asked my lawyer about my case to be expedited but my lawyer said its rush and its not possible To expedited your case!

Im wondering why he said that

What should i do ! I applied from Denver Colorado its been over two years since im waiting! Its kind of emergency that had to be expedited

Please reply

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Jason Dzubow January 19, 2018 at 7:14 am

Some asylum offices do not have short lists, but as far as I know, you can request that a case be expedited at any office, even a sub office. They may refuse to expedite (we have about a 50% success rate with our requests), but you can ask. So I do not know why your lawyer said that either. Take care, Jason

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Mohammad January 18, 2018 at 10:14 pm

Thank you Jason for another helpful article.
my question is that
Do 1 year filling deadline applies to people who have cases referred to immigration courts. if the DHS don’t file it with EOIR within one year and applicant gets the MCH after one year from the referral. what is the rule on that kindly explain.
thank you as always.

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Jason Dzubow January 19, 2018 at 7:08 am

It applies to everyone. So if you have been in the US for more than one year, and you are in court, you would be ineligible for asylum unless you meet one of the exceptions. Take care, Jason

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Mohammad January 19, 2018 at 6:48 pm

I applied for asylum in 2014 referred to court in june 2017 still my MCH is not scheduled,hotline says no future hearing date- will i be ineligible for asylum if the MCH is not schduled before june 2018?
Or i will affected by one year filling since i applied asylum to asylum office

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Mohammad January 19, 2018 at 6:49 pm

I mean not affected ( in last sentence )

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Jason Dzubow January 21, 2018 at 11:08 am

If you already applied for asylum and were referred to court, you should not be affected by the one-year bar (assuming you filed the original asylum application within a year of arrival). You should have a lawyer for court, so it is worthwhile to talk to an attorney now to go over these issues. Take care, Jason

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Teague January 18, 2018 at 10:02 pm

Hello Jason,

I have a pending asylum case(filed 2015). In 2017, I got engaged to my long term girlfriend back in my country in a traditional way through my parents. I was wondering if it would be possible to add this new development in to my case.

Thank you

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Jason Dzubow January 19, 2018 at 7:07 am

You can tell the asylum office, but an engagement has no legal effect. If you get married, then she can be added to your case and if you win, she can come to the US. Maybe you could meet in a third country and get married there. To travel, you would need Advance Parole – I wrote about that on September 11, 2017. Take care, Jason

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Teague January 19, 2018 at 8:34 pm

Thank you Jason

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Sara January 18, 2018 at 12:44 pm

It does feel like a hundred years ago, Jason! A very eventful year, indeed.
I called up my asylum office to inquire about my case status this morning. My RA is 7 weeks old, and while I was reluctant to call because I hate to nag, I caved in after some encouragement by two people whose opinions I hold in high regard.
The gentleman who took my call said he will forward my inquiry to my asylum officer, and that I should allow the officer a week or two to respond.
I had emailed my lawyer before making the inquiry informing her that I am about to do so, and then followed up that email with my update. She doesn’t seem to think inquiring before a substantial amount of time like 6 months has elapsed is a good idea, and said that frequent inquiries can do more harm than good.
I’m still glad I called, though. Will share any updates with you all.

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Jason Dzubow January 18, 2018 at 6:46 pm

I don’t think calling makes much difference one way or the other. I doubt that it would have a negative effect (“Hmm, that annoying applicant called me again, I think I will just deny the case”), so I think there is not much harm, as long as you don’t go crazy and start contacting them every day (some people do this). Hopefully, it will be soon. Take care, Jason

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Broken January 18, 2018 at 6:50 pm

This is weird.
I called my asylum office to inquire of the status of my case but they told me that they could not do it over the time. The person I spoke with asked me to mail my question. Is that how it works?

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Sara January 18, 2018 at 7:05 pm

Maybe different offices do things differently. The NY AO has you press 3 to inquire about your case, and the gentleman who took my call actually pulled up my case because he verified that he had the correct name.
I emailed my office once last year, and they never got back to me while other offices seem to be more responsive to emails.

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Broken January 18, 2018 at 8:17 pm

They could not do it over the phone

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Jason Dzubow January 18, 2018 at 9:16 pm

I do not know if there is a rule about this. Sometimes, they have told me info by phone, but usually I email. They respond about 50% of the time. Take care, Jason

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Sara January 18, 2018 at 7:01 pm

Thanks for the response, Jason.
The only thing I check daily is my receipt number on the Case Status tool.
I should have asked what I can expect after the week or two. A call? A letter? More silence? I guess I’ll just have to wait and see.
Thanks again.

Best,
Sara

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Sara January 23, 2018 at 11:58 pm

Update: I received a letter in the mail from the asylum office saying that my case is “pending preparation of a final written decision”, which will be “completed and mailed out as soon as circumstances permit”.
More waiting.

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Jason Dzubow January 25, 2018 at 7:14 am

That sounds like a very helpful letter. It is probably in response to your inquiry. Hopefully, it will not be much longer. Take care, Jason

al January 30, 2018 at 12:18 pm

Congrats on the RA. May I ask how long it took you to get an interview and how long after the interview you received a decision? Also, are you from one of the “banned” countries?

Sindhu January 18, 2018 at 9:41 am

Hello Jason,

I have a quick question. I am on 1st year OPT status started working with one of the clients and has 2 years extension after July 2018. I got SSN when I was working as Graduate Assistant in Masters in Jan 2017.
Yesterday I received a call from my attorney office saying I got my work permit card and SSN.
My question is Can someone have 2 SSN’s?
I have used my own SSN so far for applying jobs and where ever it is needed. I am planning to apply H1 this year. What should I do with my Asylum SSN? Your suggestion is highly appreciated.
Thanks,
Sindhu

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Jason Dzubow January 18, 2018 at 6:35 pm

There should only be one SSN. You have that for tax purposes, not immigration purposes. Maybe you need to contact the Social Security office to see whether you can correct the problem. Take care, Jason

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Sara January 25, 2018 at 11:16 am

It was an amazing revelation. I felt this aura descend upon me as I was reading the letter, and I feel so much wiser now.
Knowledge, even if it’s stating the very obvious, is power.

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Jason Dzubow January 25, 2018 at 6:33 pm

You know, if Samantha Bee retires, you should apply…

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Sara January 30, 2018 at 12:30 pm

Thank you, al.
Here’s my timeline:
I-589 receipt date: 04/27/15
Interview date: 11/15/17
Recommended Approval: 11/30/17
NY asylum office. Non-banned country.

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Jason Dzubow January 28, 2018 at 11:48 am

I think it will be perfectly fine. Take care, Jason

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