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download-225x300Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals.  He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.

Contact Jason Dzubow about an Asylum or Immigration case:

JDzubow@DzubowLaw.com

(202) 328-1353

 

 

 

 

 

 

12,517 comments

  1. Hello Jason.
    I’m on an approved I-730 from my wife. Now i have my GC pending for about 7months. Things are not working the way we were expecting in our marriage. My spouse cheated on me. Since she is at fault and i have all the require evidence too. If we decide to divorce now, will that keep me from getting the GC? It doesn’t matter if the marriage was ended because of the other spouse, not me.
    Thank you for your help.

    Reply
  2. Hi Jason, really appreciate your wonderful help on this website! I have been waiting for my interview for more than 3years, and since my mom got her citizenship last year and I am unmarried but 32 years old and in the States now, I have been told I could transfer my asylum to an Immediate Relative state and the process will be fast like 6 months the most, so I am wondering if it’s true and can it be really fast like this? Thank you so much.

    Reply
  3. Hi Jason, I was interviewed @ Houston office after having a pending case since 2015. After interview I was told not to go back to the office to pick a decision, that one will be sent to me in the mail. Seven months after my interview I am still standing here waiting. Per your experience what would be the course of actions should initiated by a person like? How long does a case like mine take to be adjudicated as the USCIS states that it used to take 2 weeks to adjudicate? Thanking you in advance Sir.

    Reply
    • Some cases used to take two weeks, but we never see that anymore, and even in the good old days, two weeks was not common. I did a post about ideas for getting a decision on June 2, 2021 and maybe that would help. Take care, Jason

      Reply
  4. Hi Jason,
    I am wondering what happened to the immigration bill proposed in Congress at the beginning of Biden’s administration. There was one particular section which may be of interest. It states that notwithstanding section 316(a)(1), any LPR who was lawfully present in the US and eligible for EAD for not less than 3 years before becoming LPR may be naturalized. Do you know whether that bill was passed or this specific proposal about the expedited naturalization has come into effect?
    Regards.

    Reply
    • No such bill has become law. I do not know about the specific section you mentioned, but that law has not changed and as far as I know, no immigration bill has become law since Biden took office. Take care, Jason

      Reply
  5. Hi Jason,
    I heard that the Biden administration reduced the waiting period between GC and eligibility to apply for citizenship for TPS holders and or DACA recipients to 3 years. Is that true? and if yes, can it be reduced to 3 years for asylum-based GC holders too?

    Reply
    • @justice
      Not even 1 out of your fake news are correct! Everything you mentioned are bullshit and not true at all! Stop watching too many movies cause looks like it affected your mental health!

      Reply
    • I have never heard of this and it is not likely to be true, since some of these changes you mention would require a change in the law, and so Congress would need to do that, which has not happened. Take care, Jason

      Reply
  6. My husband is the applicant of a defensive asylum case. He filed the I-589 and included me as well.

    He received his biometrics appointment a month ago, but I have not received mine.

    When should I receive my biometrics appointment?

    Reply
    • If it is a defensive case, you need to Google “Defensive Asylum Application in Immigration Court” and follow those instructions. If you are not in court, you would not be able to do that or be a dependent on his case (you can file your own case, or if he wins, he can file an I-730 for you). If you are with him in court, and you did not get a biometric appointment, maybe you want to fill your own I-589 and follow those same instructions to get an appointment, as you will need the biometrics completed before the final hearing. Take care, Jason

      Reply
  7. Hello Jason,
    Hope you’re doing well.

    I have pending asylum case with no interview yet from 6years. Applied for 3rd EAD renewal online before 170days of its expiry. I got my renewed EAD card in August 2023, within 3 weeks which has my first ever taken biometric picture.
    (FYI, my second came after 19 months last time after many follow ups)

    Thing is it came with 2 yrs expiration date and I also lost 5-6 months additional since new EAD validity started from the time of application.
    From October 2023, everyone like me got their renewal for 5 yrs. What should I do to get 5 yrs one?

    Another question: my brother filed petition for me (i-130 form) in late 2023. No progress yet. My another brother is also USC, if we applied through him as well (i-130), how it will effects me… will I get my GC/LPR faster?

    I am already having so many issues because of my pending asylum case from 6years. Expedited many times, wrote to congress person, DHS and also filed writ of mandamus last year but nothing helped yet.

    Please be advised.
    Thanks & have a peaceful weekend!

    Reply
    • You will have to wait until 180 days before the current card expires, and then you can file for a new card. When you get the new card, it should be valid for 5 years. In terms of your brother, the wait time for an I-130 is something like 13+ years (you can see that if you Google “DOS visa bulletin) and you would most likely need to leave the US to get that (I wrote articles on this point on August 28, 2018 and September 6, 2018). Having a second brother file does not really help you, though I suppose if one brother withdraws the I-130 (or if he passes away), you will have a second pending I-130 as a back-up. Finally, I am surprised that the mandamus did not help – maybe talk to that lawyer again to see why, as the mandamus cases that I have heard about have all succeeded in getting an interview. Take care, Jason

      Reply
  8. Hi Jason,

    I am a pending asylum applicant since Oct of 2015. Ever since I have been only renewing my EAD but lately I have been thinking to do a sort of inquiry on my case just to make sure that it is really pending and not that my clock has stopped for any reason. What’s the best way to get an update on the pending case and make sure the clock is not stopped and that I just have to keep waiting for an interview. My case was moved from Los Angeles to Houston TX.

    Moreover my Employer has been insisting me to file for eb3 labor certification as I am essential to the business but I heard that I will have to travel back to home country for the GC interview which I cannot. So my second question is do you think that there is way to adjust status from pending asylum without leaving the country?

    Thanks

    Thanks

    Reply
    • If the clock has reached 180 days, it does not matter whether it stops, as you can continue to renew the EAD. Your case is still pending, since USCIS continues to renew your EAD. You can ask about your case status by emailing the Asylum Office – you can find their email if you follow the link under Resources called Asylum Office Locator. In terms of EB3, it may be possible – I wrote about that on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer about the specifics of the situation and whether you can get your GC inside the US (maybe under a law called INA 245(k)), or how it would work if you had to leave the US to get the GC. Take care, Jason

      Reply
  9. Jason.

    Just curious. Is it just teplying here or is there a staff memenrr also replying here?

    Thank you

    Reply
    • Is it just you or other staff members also reply here?
      Thank you

      Reply
      • Just me. There is a staff of sorts, but they help with technical stuff. Take care, Jason

        Reply
  10. Hi Jason,
    Any hope of RTD becoming valid for 5 years?

    Reply
    • I have not heard anything aside from the conversation I had with a friend who works at USCIS a few months ago, but I do think the RTD will be extended. It is the one thing in immigration world that I actually expect will improve, so hopefully, I will not be disappointed. Take care, Jason

      Reply
      • I have one pending for the last 5 months. Should I expect an extended one? Thank you.

        Reply
        • There is no news yet about a longer-term RTD, and so unless USCIS announces that, you will get the one-year travel document. I do not know why they are taking forever on this, as it should be an easy fix. Take care, Jason

          Reply
  11. I had my fiance added as dependent on my asylum application but now he is applying for students visa separately. Does consulate have this information about him being dependent and reject the student visa?

    Reply
    • Only a legal spouse should be listed on the asylum form, and so if you are not legally married, it would probably have been better not to list him (though it is not a big deal for purposes of your interview – you can explain the situation). For him, they may know that he is listed on your asylum form and this may make it more difficult for him to get an F-1 visa. If you are not legally married, you might want to write a letter explaining the mistake so he will have it for his visa interview if he needs it. I do not know whether that will help, but if the consulate thinks he will join you in the US and remain here (thus violating his F-1 visa), they may deny the visa. Take care, Jason

      Reply
  12. Good afternoon Mr Jason,
    I hope you’re doing well. Please what can you tell us about the dignity program? Now USCIS is giving the EAD for 5 years, mine is with a CO8 pending for almost 8 years. I also got TPS approved. Do you think I can apply for a green card without anybody’s support? I am a college student, do you think it’s ok to do so?
    Thank you for your help.

    Reply
    • As far as I know, the Dignity program is only a bill that has been proposed and it has not been passed. Therefore, you cannot get a GC based on that program. Take care, Jason

      Reply
    • Hey Jason I always apply work authorization renewal application by myself. But this time I am not able to find where to file can you pl guide me which office I need to send my a10 category (Witholding of removal) renewal application by the way I live in New York Thanks I will really appreciate your help

      Reply
      • You can check here and look under “Other Categories” for a-10: ww.uscis.gov/i-765-addresses. Take care, Jason

        Reply
        • Hey Jason thanks for your reply I checked here but I am still not getting this part it’s very confusing .could you pl help me and find me which office? I have to send my application, I mean adress for a10 category my residence adrees is ny it will realy help me

          Reply
          • It is confusing, but they want you to file at the same address as a family-based application. You can double check the link I sent you, but the address I see for someone in NY is below. I do not know why they reference AOS (that is for adjustment of status – applying for a green card). I would make sure in the cove letter to explain that the case is for Withholding of Removal and include a copy of the court order. Take care, Jason
            USCIS
            Attn: AOS
            P.O. Box 805887
            Chicago, IL 60680

    • Hello Jason,

      I recently filed my i-485 as an asylee, unfortunately for the part 02 , question number 03 regarding the underlying petition of the principal applicant I have given my i-589 receipt number. Will it cause any problem to my i-485 application?

      Thank you,
      Lex

      Reply
      • I doubt that will cause a problem. If you want to take action about this, once you get the receipt, you can send a letter to USCIS explaining the mistake. Include a copy of your receipt and send the letter to the address on the receipt, which will make it easier for USCIS to match your letter to your pending case (or if you filed online, you can submit the letter online, which is even better). Take care, Jason

        Reply
  13. Hi Jason, I hope you are doing great. I have applied for status adjustment based on my asylum granted, and the case is still pending. I have paid the application fees ( Total $1225). My EAD Category A05 is about to expires soon and I intend to send the application for renewal.
    My questions
    1) Which EAD Category should I select? A05 or C09
    2) Am I required to pay the EAD renewal fee?

    Thank you

    Reply
    • 1 – Use category a-5 since asylum case been granted. 2 – Yes, or do a fee waiver using form I-912, available at http://www.uscis.gov. An asylee can work lawfully without the EAD, and so you do not have to renew, but having the EAD makes life easier. Take care, Jason

      Reply
  14. Hello Jason,
    I am currently under my mom’s asylum application, can I still apply for the DV lottery and if so how does it affect my mom’s application.

    Reply
    • You can and it would have no effect on her case. If you win, you will need to talk to a lawyer about whether you can actually get the GC and how that would work. I wrote more about that on October 5, 2015. If you return to your country to get the GC, your mother may need to explain why you did that and how you stayed safe, depending on whether that is relevant to her asylum case. Take care, Jason

      Reply
  15. Hi Jason,

    I am an asylee and got my green card in Aug 2023. I have to travel for work in June this year and my travel documents are expiring in June, is there a way to expedite the process? Do i have to send my existing docs back to USCIS and file a new I131 form?

    Reply
    • I wrote about expediting in general on January 29, 2020 and maybe that would help. Under the RTD instructions (form I-131, available at http://www.uscis.gov), if you apply for a new RTD while the old one is still valid, you are supposed to mail in the original RTD, which is super annoying. I have heard about people who only send a copy and wait for a request for evidence for the original and supposedly, that has worked, though I have not tried it myself and it is contrary to the instructions. So you know, you can apply for the GC now (I wrote about that on February 8, 2023) and if you do that before April 1, you can also file an I-131 for a new RTD for no extra cost. After April 1, most fees are going up, but I think the stand-alone RTD fee will actually go down. Take care, Jason

      Reply
      • Hello Jaosn,
        just for your information I’ve applied for RTD renewal last year 10 months before my RTD was getting expired and included copy of my RTD and the USCIS sent me a new RTD 15 months later without RFE to send the old RTD back at all so i still keep the old one and the new one and i even sent another i-131 to renew my current and new RTD 2 weeks ago and USCIS accepted my application and fingerprints were taken so looks like the USCIS understand that we apply for renewal real early cause it takes time and USCIS never sent us RFE to send the old one !! never happened to me or my other friend who did the same. We just include a copy of the current RTD and that’s it and i keep the old ones in case i have to give it up with the GC when the neutralization interview take place in few years,

        Reply
        • Thank you – I think you are not alone in this, but it would be nice if USCIS would just solve the problem and issue the RTD for 5 or 10 years. Take care, Jason

          Reply
  16. Hello Jason.
    My father is an asylum applicant and have been waiting for the interview since January 2017. He is 80 years old now and his health condition is not so good because of his age. What happened if at the time he will be invited to the interview he is unable to walk, talk or thing straight?
    Thank you

    Reply
    • The question is whether he can attend the interview. If not, I think he will need a note from a doctor explaining why and you will have to coordinate with the asylum office. If he can attend and he has a legal guardian, that person should go with him and that person can attend the interview. Again, he should probably get some evidence from a doctor that he cannot communicate or do the interview. In short, if you have some evidence of his medical condition from a doctor, you should inform the asylum office and see how they want to proceed. Take care, Jason

      Reply
      • Thank you Jason,
        Now I understood how to behave in case of temporary disability. What happens if my dad can’t attend the interview because he has a permanent disability? As I watch my father, I realize that despite his PhD, his mental and physical abilities are fading, and I don’t know whether he will be able to pass an interview in a few years. What does USCIS do in this case? Thank you

        Reply
        • That is a difficult situation and I wish you all well. As to the question, I think you will need to get a doctor’s note for him and then have someone else attend the interview with him and answer questions for him. You might also be able to use this as a basis to try to expedite the interview – I wrote about that on March 23, 2022. Take care, Jason

          Reply
      • Hi Jason,
        thank you for your reply. Do I need to be his legal guardian to go with my father (or instead of my my father) or it is enough if he signs a power of attorney?
        Thank you.

        Reply
        • I have not done that before, and so I am not sure what legal relationship is required. I have a case coming up later this month where I will need to figure that out, so maybe check back in April, but you might also ask the asylum office itself. When you email them to make the request to expedite, you can also ask whether you can appear for your father and what documents (if any) are required. Take care, Jason

          Reply
          • Thank you Jason.
            I will check back in April.

  17. Hello Jason.

    I am here on asylum. But my wife and kid in back in persecution county. If my wife travels to canada and cross the border to US –

    1. Will she need to have her own case or can she still be a dependent on my case?
    2. If my case gets approved early-on, does she still need to have her own asylum case?
    3. If she is in canada and comes to the border and wants to cross to US, can she apply for asylum at that time at the border?

    Thank you

    Reply
    • Rephrasing the last questions:

      1. If my asylum case gets approved earlier than hers as my dependent, will she be approved? And if so, will she need to withdraw her own asylum case?

      2. If she is in Canada and comes to the peace park washington, can she apply for asylum at the checkpoint there (or any other checkpoint)?

      3. If she crosses the border, what are the deportation laws (canada/mexico)?

      Thank you

      Reply
      • 1 – If she is in the US, you can file an I-730 for her, but that takes 1 or 2 years. If that is ultimately approved, she could then withdraw her own asylum case. 2 & 3 – I think if she tries to enter the US that way, she will be returned to Canada and told to seek asylum there. I have not specifically looked at this issue in a while, but maybe she can talk to a lawyer to see if there are any exceptions to the Safe Third Country Agreement. Take care, Jason

        Reply
    • 1 – If she has no status to enter the US, that is probably a bad idea, as she would not be eligible for asylum in the US due to the “Safe Third Party Agreement,” which says that you have to file in Canada if you arrive there before you come to the US. 2 – If your case is approved, you can file an I-730 for her (and your children) so they can get status in the US. That can be done if she is in the US or if she is in another country. 3 – Most likely not, for the reasons discussed in # 1. Take care, Jason

      Reply
      • Hello Jason.

        I found an article from the federal register that explains the following.

        Link—https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-208/subpart-B/section-208.30

        —Link

        An alien qualifies for an exception to the Agreement, which includes the Additional Protocol of 2022, if the alien is not being removed from Canada in transit through the United States and:

        (A) Is a citizen of Canada or, not having a country of nationality, is a habitual resident of Canada;

        (B) Has in the United States a spouse, son, daughter, parent, legal guardian, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew who has been granted asylum, refugee, or other lawful status in the United States, provided, however, that this exception shall not apply to an alien whose relative maintains only nonimmigrant visitor status, as defined in section 101(a)(15)(B) of the Act, or whose relative maintains only visitor status based on admission to the United States pursuant to the Visa Waiver Program;

        (C) Has in the United States a spouse, son, daughter, parent, legal guardian, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew who is at least 18 years of age and has an asylum application pending before U.S. Citizenship and Immigration Services, the Executive Office for Immigration Review, or on appeal in federal court in the United States;

        Reply
        • This is a good starting point, but I would still want to know whether there is caselaw on this point or other authority, and that, I do not know. For that reason, I would talk to a lawyer to research specifics. Take care, Jason

          Reply
  18. Hello Jason
    Is it possible to apply for a work based green when your asylum case has been pending for over 4 years without an interview? And if you have an employer willing to do that what is the process? Do you do such cases? And if it’s possible what are the chances of getting the greencard?

    Reply
    • It is possible, but it depends on many factors. Also, whether or not you can get the GC without leaving the US depends on several factors. I discuss that in more detail in posts on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer about the specifics of your situation. You would want to know whether it is possible, whether you have to leave the US to get the GC, and how that would work. Also, what are the risks? I would want all that written down before starting on the process. Take care, Jason

      Reply
  19. Hi Jason,

    I appreciate your assistance on this wonderful platform. I’ve been patiently awaiting my interview for almost six years now and have a few inquiries.

    * My EAD is approaching its expiration. How soon can I submit my renewal application to USCIS?

    * As a pending asylum applicant, am I eligible to apply for my EAD renewal online, or is it necessary to send it
    via physical mail? Could you please suggest the preferred or faster method?

    * What is the current processing time for EAD renewal?

    Thank you sincerely for your help.

    Reply
    • 1 – The earliest you can file is 180 days before the current card expires. The new card should be valid for 5 years (not 2). 2 – You can apply online. I am not a fan of the online system, and so we mostly file by paper, but when it works, the online system is better. 3 – I think applications filed more recently will go faster than this, but most of the ones we’ve seen are taking a year or a bit longer. Take care, Jason

      Reply
  20. Can primary applicant visit home country soon after receiving US passport??

    Reply
    • They can. However, if the trip causes the US government to think that the case was fake, it could potentially reopen the case. I think this is extremely unlikely, but it is not impossible. In fact the Trump Administration created a unit within the government to look into citizenship cases that were supposedly based on fake asylum cases. Again, I think the likelihood of this being an issue is very small, but it is not impossible. Take care, Jason

      Reply
  21. Hi Jason, thank you very much for your help. I have an i-130 pending, I applied for the I-589, If the I-589 is denied, am still eligible for the I-130 if I have to go back to my country?

    Reply
    • Unless there is a finding of fraud in your asylum case, there would be no effect on the I-130. However, whether you can leave the US, consular process, and then return, I do not know, as it depends on many factors. I wrote more about this issue on September 6, 2018. I also wrote about the possibility of getting the GC without leaving the US on August 28, 2018. If you are eligible to do that, it is a safer option. Take care, Jason

      Reply
      • Thank you very much for your previous response, I already read your two articles from August and September 2018 and I think I explained myself wrong, I have a pending I-130 and I applied for I-589 in the United States, I don’t want to wait for the result of the asylum in my country I don’t want to go back to my country, but if I- 589 is denied because sometimes you just don’t fit for the criteria of the officers, and get into a deportation process, can I still be eligible for the I-130?

        Reply
        • Potentially – if your spouse is a US citizen, you entered lawfully, and do not have criminal problems, you should be eligible. If your spouse has a GC, that likely will not work, but there are some exceptions and so you would need to talk to a lawyer about the specifics to know for certain. Take care, Jason

          Reply
  22. Hi Jason,

    You might have written on this, if so sorry for the repetition. I have a pending affirmative asylum case, no interviews yet and waiting for 2 years now. In the meantime, I had two surgeries and now I learnt I have a serious chronic disease possibly keeping me away from work. I am depressed and suffering much. I do not know what to do. Can I reapply to USCIS with my medical condition and ask them to have my interview asap? Also, I have no idea, but does refugee status or green card help me to manage with serious health issues? Thank you.

    Reply
    • A health problem can be a basis to expedite a case. I think the best way is to get a letter from the doctor explaining the problem and explaining that the stress and anxiety of the asylum case is making your health worse, and that expediting the case would improve your health. There may be other approaches to this as well, but you want to show how expediting the case would improve your health. I wrote more about this on March 23, 2022. Take care, Jason

      Reply
  23. Jason,
    If someone’s asylum gets denied, then this person decides to leave on their own. Would they be able to apply for a visa to get in the US after that? Or they’re considered banned from entry?

    Reply
    • It depends on a number of factors – whether they have been in the US for any periods with no status (meaning, no pending asylum case or other case – if you have 180+ days in the US with no status, you are barred from returning for 3 years and if you have 1 year or more without status and you leave, you are barred from returning for 10 years), whether they have been ordered deported, whether they entered the US legally or illegally, etc. Even if you have a legal bar to returning, you can apply for a “waiver,” which is a request for forgiveness so you can return here. There are different types of waivers, depending on why you are barred and the type of visa your are seeking to return. In short, it is all a bit complicated and you might want to talk to a lawyer about the specific situation so you will know whether you can return and how difficult that might be. Take care, Jason

      Reply

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