About

The Asylumist is a blog about political asylum in the United States.  We hope it will serve as a forum for discussion about the law, policy, and politics of asylum.  We hope to hear from different people involved in the asylum process: asylum seekers, lawyers and advocates, academics, policy-types, health professionals, and activists.  We hope this website contributes to a better understanding of the asylum system in the United States.

For some basic information about asylum, see this posting from Human Rights First.

Another good starting point is the website for USCIS, the United States Citizenship and Immigration Service.

{ 23 comments… read them below or add one }

Tekin December 13, 2017 at 11:09 am

Josan,

I had my first master hearing today with Judge Burman, but he gave me another master hearing date on 11/27/2020. I am very disappointed, and I don’t when I will have my merit hearing date will be. I hope he assigned to the other Judge. Any thoughts and advice?

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Jason Dzubow December 13, 2017 at 6:37 pm

Judge Burman is giving out dates this way. I expect your date will change, as new judges should be arriving in the next few months. So hopefully, it will be sooner than what you have now. Take care, Jason

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Adewale Akinrinde December 12, 2017 at 10:14 am

Good evening Sir. I believe this meets you well.

My wife entered the US in December 2016 and sought and applied for asylum in January 2017. She got a receipt/notification in mid Jan 2017. I was included in that application but I was not in the US then. She did her fingerprint/biometrice in Feb 2017 and has gotten her EAD and Driver License in the last quarter of 2017. She is waiting for the asylum interview. When I joined her in September, she sent in amended application to include me as a derivative. She also submitted a cover letter appealing that i should be accorded this same priority date as hers (i.e. Jan 2017). The amended application has been submitted and I recieved notice of action to go for fingerprinting/biometrics. I did so end of November 2017.

My question is that can I now apply for an Employment Authorisation Document?

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Jason Dzubow December 12, 2017 at 6:44 pm

Yes – if the case as accepted and you have an Alien number, you should be eligible to apply for an EAD. Take care, Jason

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Ahmad December 5, 2017 at 9:47 am

Hi Jason,

If I applied for a political asylum, how many years I need to get an american citizenship. (I’m Palestinian).

Thanks for your time.

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Jason Dzubow December 6, 2017 at 6:37 pm

If you win your case, you are allowed to apply for a green card after one year. Three years and nine months after you get the GC, you can apply for citizenship. Take care, Jason

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Mah Haedy November 28, 2017 at 4:53 am

Hi Jason,

I am on J1 visa (with a SSN for graduate student work) and applied for asylum on political grounds about two months ago. I have three questions that I hope you have answers for:

1- I can not check my case status online. When I called the USCIS, they said that I “need to mail or visit the office myself to know the status of my application”. Is this normal?

2- After I get my EAD, will I need to re-apply for another SSN (since mine is restricted to on-campus jobs)?

3- My wife (J2 visa holder) has a work permit that she received based on her J2 status. What would be the process for her to get another EAD? (Does she need to apply for a new EAD or a renewal for the one she has? Do we need to pay fees for it?)

Your advice is so much appreciated.

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Jason Dzubow November 28, 2017 at 4:44 pm

1 – Yes, you cannot check an asylum case on line. There is a link at right called Asylum Office Scheduling Bulletin – it give you some idea of the wait time for your case. 2 – I am not sure; you would have to check with the SS office, but I think you will not need to. 3 – If she is a dependent on your asylum case, she can apply for an EAD based on asylum pending – she can apply after waiting 150 days, the same as you. For a first time EAD based on pending asylum, there is no fee. Take care, Jason

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Jenny November 21, 2017 at 10:54 am

Hi Jason, I have a RTD that is valid until sometime next year. I want to travel soon, but As long as the RTD is valid by the time I return to the US, there is no problem to return right? Or does it need to be valid certain time to the future (like 3 months, or 6 months) by the time I enter the US? It is urgent, Please advise me. Thank you so much in advance, Jason.

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Jason Dzubow November 21, 2017 at 6:35 pm

I believe that as long as you return while the RTD is still valid, you should be fine. You should give yourself at least a few extra days, though, just to be safe or in case your trip gets delayed. Take care, Jason

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Jenny November 22, 2017 at 1:01 pm

Thank you, Jason. And one more question. Can I use RTD several times to travel as long as it’s still valid and it says multi entry with no restriction? This is going to be my second time to travel using this RTD. I’m thinking to go to the same country again where I claimed to go on the RTD application. Can I also go to another country? Thank you for your help as always.

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Jason Dzubow November 24, 2017 at 7:59 am

You can use the RTD for multiple trips, as long as you return to the US before it expires. And you can travel anywhere with it, but if you go to your home country, where you fear persecution, that could result in big problems for your immigration status in the US. Take care, Jason

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GMBJ November 12, 2017 at 5:57 am

Jason sir
Having already filed another form i 765 if i go ahead and file i290b again will that not result in dual filing on the same matter which may eventually lead to denying both applications? Honestly I don’t know what to do . Please advice me.

GMBJ

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Jason Dzubow November 12, 2017 at 11:49 am

It is actually not the same matter – the I-290B is an appeal of the first, denied I-765. The other is a new I-765. But like I say, I-290B forms are usually a bad idea in EAD cases, so talk to a lawyer before you try that (and don’t forget that you have a limited time period to file the I-290B appeal). Take care, Jason

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GMBJ November 12, 2017 at 3:55 pm

Thank you very Much Jason
My first application was denied on the ground of applying before 150 days on my ead clock that is all. Right now my EAD clock counts over 230 days.

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Jason Dzubow November 13, 2017 at 6:36 pm

If that was the only reason for denial, it is better to file a new I-765 (and list the prior application). If you appeal, you will lose, since the denial was correct (it was correct because you did not wait 150+ days before filing). Take care, Jason

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GMBJ November 11, 2017 at 1:37 pm

Jason sir
I just received my long awaited letter of denial of my EAD application. I am instructed tO file form i290b along with a fee to reopen my file within 30 days of receipt. The closing paragraph of the notice states – however this denial is without jeopardice to the filing of an application for an EAD under any category for which I may qualify-
Does this mean that I can still go ahead and introduce a new i765 or what.
Actually I have already reapplied with a new i765 before receiving this notice.
I don’t even have the 610 dollar for filing i290b as I am not currently employed .
Pls I need your advice
GMBJ

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Jason Dzubow November 12, 2017 at 11:31 am

In the large majority of cases, it is a bad idea to file an I-290B after an EAD is denied; it is better to just correct the error and file a new I-765. I do not know the specifics of your case, so I cannot say what is the better path, but talk to a lawyer about it to help you decide. Take care, Jason

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MBJ November 12, 2017 at 3:45 pm

Thank you Jason, God bless you

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GMBJ October 31, 2017 at 7:33 pm

Jason Sir,
I have another question.
How many times are category C(8), Individuals with pending Asylum Applications, allowed to attempt EAD applications ?
Is there any bar as to the number of attempts of EAD applications in general ?

GMBJ

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Jason Dzubow November 1, 2017 at 6:25 am

There is no bar to the number of applications you can make. Take care, Jason

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GMBJ October 31, 2017 at 7:22 pm

Jason Sir,
In the event of another denial to this EAD application am about to submit, will I be allowed to apply again ?
How many times are pending asylum category’s individuals eligible to attempt EAD applications? Is there any bar to the number of attempts?

GMBJ

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Jason Dzubow November 1, 2017 at 6:25 am

There is no bar, but you should make sure you are eligible before you apply again, as there is no point in submitting an application where you are not eligible. Take care, Jason

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