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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:

[email protected]

(202) 328-1353 

{ 105 comments… read them below or add one }

Omar September 26, 2016 at 8:36 pm

Good morning sir.. Iam student I’ve just finished my first year at college of languages.. My majors are English, Chinese, Arabic (native language) and I want to come to US to improve my English skills and also get deep with American literature which we are studying in the college..
The problem is,my dad is in us under political asylum case and I wrote that he isn’t in US on my DS-160, also he isn’t the one who will sponsor me on my i-20 form..
So iam now waiting for my paper I’ll receive it in couple of days.. So I didn’t define an appointment yet,should I change my DS-160?
And if I did, how can I answer some questions regarding my dad?, and is there any possibility that they can’t know about my dad and his situation and may not ask about him?!

Reply

Jason Dzubow September 27, 2016 at 6:09 am

I previously replied to you. Here is the response:

The government may very well know that he is here, so I think trying to hide that fact is more likely to hurt you then help. Obviously, if they determine that you lied on the form, they will deny your visa. My opinion is that you should correct the mistake and then make as strong an application as possible for the F-1, but his status in the US may make it more difficult for you to get an F-1 visa. I recommend you find a lawyer who assists with F visas – maybe the school can recommend someone. Take care, Jason

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yenealemka September 24, 2016 at 9:48 am

How is your weekend dear sir , let great for you since you are doing well for us , I do have some things to ask you, I was apply to expedite my case a month ago to the immigration officer to see my case for interview as per the treat on my family now, but I have not yet getting the receipt notice and any information from the immigrate office , Do it needs to write remainder notice or what could I do next ?, is this it taking long time to get replay for the receipt ? , if things are going in such a way what would you advice me ?
thanks for your persistent advise , really you are doing great for us God bless you and your family, take care

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Jason Dzubow September 25, 2016 at 7:24 am

You should get a receipt when you filed for asylum, but there is no receipt when you ask to expedite a case. You can follow up with them if you have not heard back – either in person, by phone, or by email. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Mano babu September 23, 2016 at 9:36 pm

Hi Jason,
I am filing finally for asylum next week. My daughter is 18 years old has got admission in a private university here and on F1 visa and got substantial financial aid also. I wanted to check will it be ok if we take her also in asylum. I hope the college will not withdraw her aid if we take her into asylum. Also due to hardships we were even planning to approach college for student appeal for increasing further aid as balance amount also difficult for us to pay. So should we go ahead with her including in asylum and also if we talk to college for further aid and if we include her in asylum should we inform the school that she has been included in the asylum application as a dependent. Thanks in advance

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Jason Dzubow September 25, 2016 at 7:12 am

Unless you tell the school that you (and your daughter) are seeking asylum, I do not see how they will know. Even if they do know, I do not know why it would affect her financial aid. Maybe you want to tell them that you are thinking about seeking asylum, and ask whether it will affect her. I highly doubt she will have a problem, though. Take care, Jason

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Pokhrel September 22, 2016 at 5:47 pm

Hi, I am from Nepal and would like to apply for asylum on the basis of religion. I am currently living in Seattle. Could you please tell me how much will you charge to take my case and in how many stages I need to pay you. You can reply on my email.

Looking forward for your reply.

Kind Regards

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Jason Dzubow September 23, 2016 at 6:09 am
lisa September 22, 2016 at 1:27 pm

Hellow Jason,
I applied for form 589 form at California and received an acknowledgement on it. After 150 days i did applied for my ead on August 23 and received a notice of receipt on September 8 of this month. It’s been almost a month and i am still waiting for my initial ead. Can you guide me how long should i have to wait?

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Jason Dzubow September 23, 2016 at 5:57 am

I have heard from people in CA that it is taking a month or so, but here (Washington, DC), and in many parts of the country, it takes about 4 months. Take care, Jason

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Shery September 21, 2016 at 2:30 pm

Hello dear Jason.
We are a 4 people family entered US June 2014 with tourist visa. I diverted to Christianity 2 months later and filled for asylum with a lawyer. June 25 san francisco immigration officer first spoke with my husband for 1.5 hour , then myself for 2 hours and my 17 years daughter for half an hour at last. (Ihave a son 13 now) after 2 weeks USCIS rejected us for inconsistency between my testimony and application also why I converted to Christianity upon my arrival and getting consultation with lawyer bfore it. My first court date is june 2017. Im so stressed and don’t know what’s the best for my family. Also I can’t come ba k to my country at all but I have an apartment in Cyprus. My daughter entered college in newyork this year. Do you think I can win the case in court with a good lawyer? Regards and thank you

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Jason Dzubow September 21, 2016 at 5:00 pm

We have a higher rate of success in court than at the asylum office. I do not know what the inconsistencies where, or whether they can be explained, but if you can convince the judge about your religion and show that you will face harm in your home country, you should be able to win. However, if you are a citizen or resident of a third country, like Cyprus, it might disqualify you for asylum. Good luck, Jason

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Lazi September 20, 2016 at 10:03 am

Hi Jason. I recently got my EAD and thanks for the help. Me and my partner are planning a trip to the great wall of China in December. I haven’t got my asylum interview and status. How can I go about.

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Jason Dzubow September 21, 2016 at 5:05 pm

I am not sure that is realistic. But you can try to apply for Advance Parole (form I-131, available at http://www.uscis.gov). Normally, it takes more than 3 months to get it, and they only give it for a “humanitarian” travel. Also, you need to be sure you are not barred from returning for some reason (usually a criminal conviction or immigration violation). It does not hurt to talk to a lawyer about all this before you go. Take care, Jason

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Laura September 19, 2016 at 9:38 pm

ok

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Emily September 19, 2016 at 2:51 pm

Hello, I have lived in America since 2002, i came with a Visa and never had a problem with immigration. I have 3 kids that were all born here. And now i applied for asylum, and i was denied. In the letter it said that i have to go see an immigration judge. Do you think this will interfere with anything for my daughter to give me a green card? She’s 18 now, it is just 3 years till she turns 21. I didn’t see the immigration judge yet, i am a little afraid. Have you seen any situation like mine? I really appreciate your help.

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Jason Dzubow September 20, 2016 at 6:17 am

If she is a US citizens and turns 21, and you are otherwise eligible, she can file for you to get a green card and you can close out your court case. That should not be a problem. Even if your case is lost in court but on appeal, you can still do it. Instead of pursuing your case, you may want to ask for “prosecutorial discretion” or “PD”, which means that your case is kept open, but taken off the Judge’s calendar. Then when your daughter files for you, you can put the case back on the calendar and get your green card. I think it is worthwhile to talk to a lawyer to make sure you are eligible to get your green card based on your daughter. Take care, Jason

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MEURY September 19, 2016 at 2:34 pm

if i apply for asylum and was denied .is send my case for imigration.i have one daughter she’s born in america she
‘s turn 21 in 4 years i still have chance to get the green card ..

or if i apply for asylum i did not get chance any more ..im live in america since 1999…

thank you

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Jason Dzubow September 20, 2016 at 6:14 am

You need to see a lawyer – you may have other forms of relief available in court besides asylum. For example, Cancellation of Removal. Take care, Jason

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@home September 19, 2016 at 1:53 pm

Hello Jason ,
Hope you doing well .
I have got my EAD thanks to your info ahead of time but my asylum case is in California .

1.Am I allowed to work in any state does it bring any contradiction with my case in the time of interview if i Work in other state besides California ?

Thanks

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Jason Dzubow September 20, 2016 at 6:12 am

You can work anywhere you want, but if you move to a new state, and the move is permanent, you will need to file a change of address form. This may cause your case to be moved to a new asylum office. If you work in New York but keep your case in CA, for example, the asylum officer may think you are lying about your address, and that may cause the officer to question whether you are lying about other parts of the case, which is not good for your case. Take care, Jason

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@home September 21, 2016 at 10:16 am

Okay , thank you

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Budy September 19, 2016 at 12:38 pm

Hello Jason, thanks for your time in answering all our questions. In fact, you are so kind.

sir, I intend to apply for my EAD by the end of this month. It is my first time of applying since I applied for Affirmative Asylum>
Could you please provide me with the details on what I need to apply foe EAD, that is, apart from the application form what other documents do I need to submit along? Do I also need passport size photos?

Thanks

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Jason Dzubow September 20, 2016 at 6:11 am

Sorry, I cannot provide such specific info as I am not familiar with your case. You should read the instructions to the I-765 (available at http://www.uscis.gov). I can tell you that there is no fee for a case where the person is applying for the first time based on pending asylum. Also, whoever applies for a work permit must submit 2 passport-size photos. But there are other documents you need to submit too, and you need to check the instructions about that. Take care, Jason

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NG September 20, 2016 at 4:27 pm

You need to submit 2 passport photos, a copy of I-94, a copy of your visa, and a copy of your finger print letter along with I-765 form. I recently applied for my initial EAD at the Texas service center and USCIS approved it within a month…just sharing my information.

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Jason Dzubow September 21, 2016 at 4:48 pm

That may be, but in some cases, depending on the circumstances, other documents may be needed. In any case, if you forget to send something, USCIS will mail you a letter explaining what is missing and you can submit the additional evidence at that time. It does not usually cause much delay, as long as you respond quickly. Take care, Jason

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john September 19, 2016 at 7:04 am

i applied for assylum and year later my mother in law who is a very wealthy at home wanted to give us some assets (for our future well being) in my home country would it be problem down the road for with my application…

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Jason Dzubow September 20, 2016 at 6:40 am

I doubt it would be a problem, unless you went back to your country. Owning property should not block you from getting asylum. Take care, Jason

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John September 20, 2016 at 9:50 pm

I meant money in bank acct

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Stan September 26, 2016 at 6:17 pm

I would like to know the answer to this reply too please.

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Jason Dzubow September 27, 2016 at 5:58 am

Sorry – I am not sure what the question is (maybe it is a flaw with the blog website). If a question has not been answered, you will need to re-post it. Thank you, Jason

Zac September 17, 2016 at 5:17 pm

Hi Jason,
I applied for affirmative asylum in June 2015 but I have not been called for interview yet. Meanwhile, my husband back home has got a job in a third country where we can live safely. Very soon he will be moving their with my son.
Therefore, I would like to join them there since they cannot join me here in the US before my asylum gets approved, which I think will be long time.
My question is, if I withdraw my asylum case now, will that have negative impact when/if I ask visa next time. Will withdrawing my case cause any bans?
Thanks
Zac

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Jason Dzubow September 17, 2016 at 10:11 pm

Withdrawing might have a negative effect. It depends on many factors, and I cannot tell from your post. I do think it is worthwhile to have a lawyer review the case to maximize the chances that you can return in the future without too much difficulty. Take care, Jason

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Karina September 16, 2016 at 2:28 pm

Dear Jason,

My husband applied for EAD on July 15th and got the receipt on August 8th. When will he receive his EAD? According to law during what period do they send the EAD? And do they count from the date we send the request or from the date we receive the receipt?

The other question is when can my husband receive a travel passport? Can he travel to a third country to meet us? Or it will be a minus for his case?

Thanks in advance.

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Jason Dzubow September 16, 2016 at 4:33 pm

He must wait 150 days from the date the application was received (this date is listed on his receipt). He can apply for Advance Parole (form I-131, available at http://www.uscis.com) to travel abroad. This normally would not affect a person’s case, but if he is concerned about that for some reason, he should talk to a lawyer before he travels. Take care, Jason

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Ryan September 14, 2016 at 6:29 pm

Hi Jason,

Is it possible to apply for asylum in USA while living in Europe and currently under the process of asylum application in Spain..

Regards

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Jason Dzubow September 15, 2016 at 6:24 am

You have to be physically present in the US to apply for asylum here. Take care, Jason

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Kona September 14, 2016 at 5:57 am

Hi Jason,

I applied for EAD and my attorney got the receipt but I didn’t receive any. I checked with the post office and they said still no mail for u , I called the national customer centre USCIS , they said wait for at least a month , today I got shocked when I saw my EAD online status where it says ( Notice return to the USCIS as post office could not deliver it ) it also says that immediately request for notice from the USCIS website e- request which I did.

How come it possible that post office could not deliver it as I am receiving my all other regular mails and even I intimated my local post office and also my area post man that I m expecting the first class mail and they said don t you worry once we have it will give it to you.

Kindly advise how to sort out this issue because in online status of my EAD portal it’s says that returning of notice to USCIS could leave bad effect on your case. I already submitted online request to USCIS e-request and got the reference number.

I truly need you valuable advise on this.

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Jason Dzubow September 15, 2016 at 6:14 am

Make sure your address on the I-765 is correct. Maybe you want to do an on-line change of address, just to be sure that USCIS has your correct address. Otherwise, maybe you can call them and try to verify that they have your correct address, but I have not done that before and I do not know whether they will do it. I doubt it is a problem with the post office; I am guessing USCIS somehow has an incorrect address for you. Take care, Jason

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NG September 20, 2016 at 4:35 pm

Hi Kona a friend of mine has got the same case as yours. If you don’t mind, how long does the USCIS take to resend you the card after e-requesting?

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Mano babu September 13, 2016 at 5:43 pm

Hi Jason,
I am applying for asylum this month end. I wanted to know can I get a driving license and drive a car around as it gets very tough to get public transport and frequency of busses not to good to service. I do not have an international driving license. How William be able to get car and will I be able to drive around. How do other asylumists survive before their EAD comes as it is very difficult in this country with no job also and no money. Can I also apply for Obama insurance after applying for asylum. Thanks in advance

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Jason Dzubow September 15, 2016 at 6:36 am

I do not know about insurance, but I think you cannot apply until your case is approved. However, you should contact the insurance providers to ask. As for the DL, most people cannot get it until they have the EAD. This is a huge problem for people. I recommend you contact the DMV of your state and ask about it. If you happen to be a member of AAA, maybe they can help too, but I do not know about that. Take care, Jason

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AI September 11, 2016 at 1:14 am

Hi Jason,
I have posted the following question below but I wasn’t able to see the response. I appreciate if you can help.
I have read several stuff about detention of asylum seekers and their families. How common is this and under which circumtances does the law allow the detention of asylum seekers?
Thanks

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Jason Dzubow September 12, 2016 at 2:08 pm

It generally only happens for people who apply for asylum at the border or airport, or for people who committed crimes. Otherwise, I have not seen people get detained when they apply for asylum. Take care, Jason

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AI September 15, 2016 at 6:56 pm

I appreciate it.

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Fabio Harrison September 8, 2016 at 1:13 pm

Hi Mr. Jason,

I am very happy for your blog posts and the assistance you give all of us.

Mr. Jason, I would like you to clearly answer me and if possible be very very Clear as possible, because the Immigration Attorney I have met confused me and what I knew a d what appears to be the Correct legal matter he tried to misunderstood me. Below is the question:

I was arrest for Misdemeanor and Felony, I am being charged with a Crime, but I am not convicted yet. My question is:

If do not enter Plea bargain (where I have to plead guilty) and the Persecutor or the District of Attorneys drop down the charges or lesser to a minor charges and I don’t have to enter any plea, and there is no sentence, and there is no any conviction, SHOULD I BE DENIED MY ASYLUM CASE? After I complete ARD program and the Judge Expunge the Arrest and Charges Record?

I re-state if the Judge after successful completion of probation program (Expunge the Arrest and Charges record) not “Expunge the Conviction” because there was no conviction because there was no sentence.

I believe people and some Attorneys are confusing about “Conviction ” and “Charge with a crime” or “Arrest”.

Note: I know that ARREST, CRIMINALCHARGES, does not count for immigration porpuses, only formal or informal conviction counts for immigration porpuses.

I just want to make sure I have the right idea and the correct information.

No one that was not convicted formal or informal even if was arrested or charged with a crime can be deported I think. Because never was Informal or formal convicted at all.

Give me the right answer, PLEASE.

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Jason Dzubow September 8, 2016 at 9:41 pm

I cannot give you an answer without a lot more information. I will, however, caution you that an arrest could block you from asylum. It is unlikely, but it is possible. Asylum is discretionary – meaning, if you are found to not have good moral character, your case can be denied. So if you were arrested, did some type of plea agreement where you served no time, and the charge was dropped (usually after doing community service), you should not be barred from asylum, but you could be denied as a matter of discretion. Any attorney who is assisting you should review your criminal case and present a legal and discretionary argument to the asylum office or judge. If you are not confident that your lawyer is doing that, you need a new lawyer. Take care, Jason

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Karina September 7, 2016 at 5:01 pm

Hi Jason,

My husband has filed in an asylum case in the beginning of the year. He has applied for his EAD on July 15th and got a notice from the office in August 8th. According to law when will he get his EAD. Is there a fixed time?

Thanks in advance,

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Jason Dzubow September 8, 2016 at 6:27 am

There is no fixed time. Where I live (East Coast), it takes around 4 months. In other parts of the country, I think it is faster. Take care, Jason

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Deo September 6, 2016 at 5:08 pm

Hello Jason, I have applied for asylum back in December of 2013 (Chicago office) , it’s been close to three years now and not even an interview ! Am I expected to wait longer than what it is, the schedule bulletin says that they have reached applicants in October 2013, my lawyer told me that he requested that I am on a short list. Do I have a chance ? and how much more I have to wait for an interview ?

Thanks in Advance

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Jason Dzubow September 8, 2016 at 6:16 am

Cases are moving slowly now, and there is no way to predict how much longer until you have your interviewer. Many people – me included – expect things to start moving faster after our election, but that is just a guess. Either way, I would expect your interview will probably come in the next several months (again, this is a guess, but you are pretty close based on the dates you’ve given me). You should be prepared that people often have to wait for months after the interview for a decision, but this is generally worse for people from Muslim countries than for other people. Good luck, Jason

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Edouard September 4, 2016 at 8:05 am

Hi Jason,

I’m separated with my family now almost three years, my kids think that I dead already for my last conversation with them. They always ask me why I’m not with them for long time, this destabilised me in my daily work and start developing high blood pressure. To solve this I’m thinking if my family can withdraw the case from America and apply in other country which can care about family. Do you have any advice on this?
According to the blog you and Thomas said that most of the case of 2014 were cleared, my spouse case is in October 2014. If they start clearing 2014 do you know from which month they will start since most of the case have been cleared?

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Jason Dzubow September 5, 2016 at 10:06 pm

I do not know who Thomas is, and I do not recall saying that most cases from 2014 are interviewed already. In my local office (Virginia), about 1/2 the case from 2014 were interviewed, but the system changed in December 2014 and since then, USCIS has been interviewing the oldest cases first. You have to look at the Asylum Office Scheduling Bulletin to get an idea who is being interviewed today. Hopefully, things will start moving faster after the election, but no one knows. You could try to move to another country, but I do not know about the laws of other countries or whether this would be faster. If your family is having troubles, you can ask the asylum office to expedite your case – maybe that would work. The separation from family members is a terrible tragedy for asylum seekers. I hope you can get the situation resolved soon. Good luck, Jason

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Edouard September 4, 2016 at 7:49 am

Good day Jason,

Is there any freezing situation in USCIS offices?
Why all offices are stucked since May clearing only for one month!!! See Chicago office where I’m interesting because of my spouse case. Long time ago you talked about hiring new assylum officers to speed up the case but still we cannot see the evolution, any news about it again? If to clear one month USCIS needs 4 months that means to clear one year it will take 48 months, simple math rule of three.

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Jason Dzubow September 5, 2016 at 10:02 pm

They have hired new officers, but they are having trouble keeping them. In addition, the number of people coming to the US and asking asylum is still quite high, and this is the reason that the offices are moving slowly. No one can predict how fast they will move in the future, but most people seem to think that after the election, they may start moving faster again (we hope). Take care, Jason

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Medz September 4, 2016 at 7:38 am

I am in the process of applying for spousal visa (CR1), where I need a birth cirtificate. My family has a political refugee status. We left all our documents when we left Iran 19 years ago and settled in the United Kingdom. I want the main applicant for asylum so I have visited Iran in the past. Do I have to go to Iran to get a birth certificate? I have been told by a solicitor that a statutory decleration and a letter explaining the reason why I don’t have a birth certificate is enough evidence for NVC. I have done some reading and some suggest two affidavis from parents. What if I can only provide one from my mum. I don’t have contact with my dad or relatives back in Iran and don’t have any relatives in the UK. I can’t get neighbours or friends to do it either because they weren’t there when I was born. Also my sister is younger than me.Is a staturory declaration enought? Should I also include a sworn affidavis from my mum?Do I need to file more evidence?
I have seen several solicitors but I am given conflicting advice. I don’t know what to do as to not delay my application. Can you help?

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Jason Dzubow September 5, 2016 at 10:01 pm

Sorry – this is website is about asylum in the US. I do not know about the UK. Take care, Jason

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Fabio Harrison September 1, 2016 at 5:48 pm

Mr. Jason,

I have a doubt, could you please clarify me on the following question:

I applied for Asylum on April and I have included my spouse and remaining pending until now, and now is the time to apply for EAD, I want to fill out the Form 765.

My question is: Should I fill out 2 Forms 765, I mean one form for me and one form for my Spouse since she was included on my I-589 for for Asylum. As my Dependent She doesn’t have the right to apply for EAD? If yes. Should she fills also a form 765 and submit the same documents as me? Including my Asylum USCIS notice receipt ?

Please clarify me on this matter.

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Jason Dzubow September 6, 2016 at 6:14 am

If she was included in your application and did a biometric appointment, then she can get her own EAD. Each person who applies for an EAD must submit their own form I-765 and supporting documents. Take care, Jason

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Fabio Harrison August 31, 2016 at 7:24 am

Mr. Jason,

Please I want to meet with you Soon. My Preliminary Hearing was yesterday. And I feel that I will need to hire you. I spoke several time previously with your Colleague Todd Pilcher, and now I believe is the moment to come to your Office in Person to with you. I have all my paperwork such, Asylum Submitted docs, and Criminal case. All the papers that will make you understand better my situation.

Please make your Cell available, I will call you today again I called yesterday and no answers.

Thanks

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Jason Dzubow September 1, 2016 at 6:10 am

You are welcome to call me at 202-328-1353. If you do not reach me, leave a message and I will call you back. It might be easier to reach my assistant. You can call her at 202-328-1350 and she can schedule you for an appointment. Take care, Jason

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kamran September 2, 2016 at 4:56 pm

Hi Jason,

Just wondering is it necessary to live in SFO if i have applied for asylum in SFO office? Can i live in Philadelphia instead?

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Jason Dzubow September 6, 2016 at 6:25 am

You can type your zip code into the Asylum Office Locator, a link is at right, and it will tell you which office your case will be in. If you are in Philadelphia, your asylum office is near Newark, NJ. You cannot choose your asylum office – you are assigned to an office depending on where you live. Take care, Jason

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Nour August 30, 2016 at 9:08 pm

Hi – kindly I have a question . I am on tps status and I have an asylum application . I want to exit the country ( not for home country ) . I want to cancel my asylum. Questions :
1. How do I cancel my asylum application
2. Can I exit on a parole on tps if my asylum is cancelled and renter ?
Would they deny me access because I had an asylum application ?
Thank you

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Jason Dzubow August 31, 2016 at 6:21 am

1 – Once you leave, you can send evidence that you left to the Asylum Office. They probably will cancel the case, but they do not necessarily do that. They could refer your case to a Judge, who will issue a removal order (this is the procedure listed in the Asylum Officer Manual). However, these days, we have had success canceling cases just by sending evidence that the person has left the US. 2 – This, I am not sure about. You may want to have a lawyer research the question before you go. I believe you can do it, but it would be better to know for sure. Take care, Jason

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david August 30, 2016 at 7:32 am

Hello Jason, I’m going to send my green card application after one year, my lawyer recommend me send also the application to renew my EAD Card and the application for a travel documment, is that nessesary?

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Jason Dzubow August 31, 2016 at 6:13 am

It’s up to you, but there is no extra government fee, so that is a good reason to send them. Plus, it may take many months to get the GC, and if your EAD expires during that period, you will be glad to have the new one. Take care, Jason

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budyboy August 29, 2016 at 9:56 am

hello Jason, a quck question please. i aplied for asylum in May 2016 and i am expected to apply for my EAD in October. But currently, i moved out to another State for a brief stay; My question is that can I apply for the EAD from another State? Or can I ask for my attorney to apply for me, i my absence in the state where i submitted my asylum application?

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Jason Dzubow August 29, 2016 at 10:14 pm

It is better to apply at the address you are using with the asylum office. If you change your address, you need to tell the asylum office (form AR-11), and if you file the EAD application using a different address, it could raise questions later, though I suspect if you do that, you will be able to get your EAD at the new address. It just might cause issues later, when the Asylum Office sees that you have 2 different addresses. Take care, Jason

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Fabio Harrison August 29, 2016 at 7:30 am

Hello Mr. Jason,

I am being Charged of Crime, (Fraud) and I have the preliminary hearing soon, I have applied for Asylum on April 2016, and on September I want to apply for EAD because It will turn 150 days since my case is pending without any decision, what I would like you to explain to me is:

1- Once I am being charged with a crime. The USCIS will grant me EAD? Or there is a possibility that refuse to give me EAD? Because of the criminal charged I am facing right now?

2- My Crimininal Lawyer advised me that the maximum incarceration that I could face for my charges could be 9 months. Is this also a long time (Conviction) that DHS can detainees me and put me into removal proceedings?

3- Could I be deported without an Immigration Judge to review my Case because I am being Charged?

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Jason Dzubow August 29, 2016 at 10:12 pm

If your criminal lawyer is not familiar with immigration law, you need to hire an immigration lawyer to assist you. I cannot assist you through a blog, as I do not know enough about your case. Most likely, you will be able to get your work permit, but if you are convicted, you could be held after your sentence by ICE, and you could be placed into removal proceedings. You cannot be deported without a hearing, but a criminal conviction could certainly make you ineligible for asylum. In this type of situation, it is important to have a lawyer who understands the immigration law before you move forward with the criminal case, as the outcome of the criminal case will likely affect your immigration case. Take care, Jason

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Sergey August 27, 2016 at 1:07 am

Hello Jason,

I applied for a initial EAD on 6 Aug but so far I didn,t recieve the reciept of receiving, please guide how I can check on this . It’s very hard without EAD , no work no life and tell me also usually how much time I have to wait more for EAD.

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Jason Dzubow August 27, 2016 at 9:58 pm

I suppose you can call USCIS and ask. The phone number can be found on their website, http://www.uscis.gov. Really, though, I would not worry about this yet. It can take up to a month to get the receipt. Maybe also double check that you mailed it to the correct address. Take care, Jason

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@home August 26, 2016 at 9:54 pm

Hey Jason,
I applied for EAD in August 1 , 2016
August 25 , 2016 my I 765 has been approved I got a notice saying “we will Mail you approval notice ” what I won’t know is

1.Are they going to mail the card or is it simply a notice of approval ?

2. I am I allowed to have driving license what i mean is my case is in SF and i am in texas currently does it contradict when i got my EAD to ask for driving license here in texas ?

Appricate your clear and promt reply as always

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Jason Dzubow August 27, 2016 at 9:52 pm

They will mail you the card. Usually, once you have the EAD, you can apply for a license. However, if you get a TX license, and you are doing the case in SF, you may have problems at the interview. The interviewer may want to know why you have a TX license when you claim to live in SF. If they think you are lying about your address, they might think you are lying about your asylum case. So you need to be careful about this. Talk to a lawyer if you are not sure. Take care, Jason

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@home August 28, 2016 at 10:24 am

Crystal clear boss thanks…!!

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yenealemka August 26, 2016 at 3:33 pm

How you doing , you are really doing wonderful guide to the immigrants for those who are confused and stressed , let all for you
1- Is that possible to ask expedite on line or filling and sending together I-160 form , written application note and the fee
As far as the birth certificate and wedding certificate of my son and mine is concerned respectively I have attached when Semite with I-589 together ? , Does it need again to attach ?
2- Or for the expedite does it need to have I lawyer ?
3- If I apply through the web what about the other documents ?
sincerely thanks , good weekend for you and with your family , take care

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Jason Dzubow August 26, 2016 at 4:20 pm

1 – At our office, you either submit the expedite request in-person, by mail, or by email. I do not know about a form I-160; if you submitted documents with the I-589, you do not need to submit them a second time; 2 – no; 3 – You have to submit all the documents to the asylum office. In our local office (Virginia), they must be submitted one week or more before the interview. Other offices have different rules. In my opinion, it is a good idea to submit all the documents before or at the same time as you submit the request to expedite. Take care, Jason

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bapu August 26, 2016 at 3:17 pm

Hi Jason

Greetings of the day !!

Hope you fine and doing well , Thanks for your blog service, I have question, I am Asylum seeker, and my brother is USA citizen, now parent and my younger sister (down syndrome), they arrived last week in SFO, USA, (this is 3rd visit of my parent,sister) when my brother file Green card petition for my parent, is there any rule they can file after 2 months from arrival?? and how long it take to green card, and can my brother also apply green card for my sister, as she is totally depend on my parent and us, (she cant speak, and her age is 32 ) Kindly guide for the same,

Thanks and Best Regards,

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Jason Dzubow August 26, 2016 at 4:16 pm

A US citizen can file for parents, and that is fast and they can probably get their green cards without leaving the US. He can also file for the sister, but that takes many years and she would probably need to leave the US and get the green card at an embassy. Maybe asylum is a better option for her. Take care, Jason

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bapu August 26, 2016 at 10:02 pm

Hi Jason,

Thanks for your valuable feedback, my brother can file my parent green card any time, there is no any time frame for wait for two month after arrival in USA, they can file even now too, please guide, when they can file,

Thanks & Regards

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bapu August 26, 2016 at 10:19 pm

Hi Jason,

More over I would like to also share that my sister is 100% disable (she have 100% disable certificate from Indian civil government hospital and she is genuinely disable, ) on basis of that my brother can file green card for her with my parent, any idea about this, please guide,

Thanks

Warm Regards

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Jason Dzubow August 27, 2016 at 9:55 pm

This is a blog about asylum, so I cannot say much about that, but if your brother files for her, there is about a 12 year wait, and she would probably need to leave the US to get her green card. The fact that she is disabled makes no difference. You may want to talk to a lawyer to think of other options.

Jason Dzubow August 27, 2016 at 9:53 pm

If your brother is over 21 years old and a US citizen, he can file for his parents at any time. Whether they are eligible to get the green card, I do not know, so if you are worried about that, talk to a lawyer. Take care, Jason

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Mariana August 26, 2016 at 2:20 pm

Hello Jason.
Sorry for the off topic, could you tell me please if it’s ok to be asked by San Francisco office to send first the statement , and after that to get the interview date.
I’m waiting for the interviu since december 15th 2014.
Thank you.

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Alan August 26, 2016 at 1:08 pm

Hi Jason, I’m asylum seeker, enterd US with my family by a medical visa B2 , the medical issue is related to my son, do I still have the right to submit for asylum since my visa is for medical? Thank you in advance.

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Jason Dzubow August 26, 2016 at 1:49 pm

Anyone who is physically present in the US can submit an application for asylum, so I do not see any reason why you cannot. Take care, Jason

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alban August 26, 2016 at 2:00 am

Thanks for the amazing job that u doing .MY brother passed the border and he’s in Detention center he did his interview after 82 days now he’s waiting for asylum result its been more than a month that he didnt received anything usually it takes 18 days for asylum result, What do u think how long can it take for the decision ?

Thank you, looking forward to hear from you.

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Jason Dzubow August 26, 2016 at 6:41 am

I really do not know enough about the case to know. If he is an adult (over 18), he normally would have a credible fear interview very quickly, and if he passes, he would go to a judge for a court case. How long the Judge takes to make a decision depends on the Judge – some are fast and some are slow, but the very large majority of detained cases are decided quickly. I suppose you can try to call the court and ask for the Judge’s clerk, but I do not know whether they will talk to you, as normally, they only talk to the person’s lawyer or guardian. Contact info for the court can be found if you follow the link at right called Immigration Court. Take care, Jason

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TJ August 25, 2016 at 7:38 pm

Hi Jason,
I changed my city and also submit to USCIS that I moved to a new city. I have not received anything from USCIS about change of address. Did I have to get something? Also does it affect my EAD renewal which I applied recently?

Thanks

TJ

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Jason Dzubow August 26, 2016 at 6:33 am

You will not get a receipt for the change of address. If you moved and did not yet get your EAD, make sure to also change your address using form AR-11 (you can do it online), and use the receipt number from your EAD application. We have seen problems for people who move while the EAD is pending – USCIS sometimes sends it to the old address, and then the person needs to re-apply all over again. I would also follow up by calling USCIS to make sure the address for the EAD is changed, so that you get it. You can find their phone number at http://www.uscis.gov. Take care, Jason

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Aleksandar Ilic August 25, 2016 at 2:17 pm

Hi Jason,

Thank you for your wonderful blog. I do have a question for you. I am a granted asylum applicant, I got my green card a year ago. Four months ago I applied for travel document and I still didn’t get it. Any thought on is there a possibility that I will wait for travel document more than a six months?Also I did have my fingerprints and now I am waiting to it. When I applied for it there was a question how long I am planning to stay in the third country. I said that will be approximately 2 months. However, due to change of plans It will be so important for me to stay about 5 months and then come back in USA. Would I face any problem regarding my longer stay? Thank you, looking forward to hear from you.

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Jason Dzubow August 26, 2016 at 6:27 am

It is hard to know how long it takes to get the Refugee Travel Document, but generally, people seem to get them in under 6 months. If you go to a third country and stay for 5 months, I do not think this will be a problem for you to return to the US. If you stay 6 months or more, I would talk to a lawyer before you go, just to be safe. Take care, Jason

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Stephen August 25, 2016 at 2:39 am

Hi Jason,
I submitted application to expedite my asylum case due on medical and other grounds and received a response from the Chicago asylum office stating that they will be scheduling my interview at the nearest opportunity when the Omaha field office opens to start conducting interviews. They stated that currently there are no interviews conducted in the field office due to lack of funding. They did not mention when they expect the funding to happen. Do you have any idea if this is a general problem or it is unique to the Chicago/Omaha office? Or do you know how long this may take? Its already a couple of months and i have not heard anything. Please advise.

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Jason Dzubow August 25, 2016 at 6:34 am

I had not heard that before. I doubt it will work, but maybe you want to contact them and ask whether you can do the interview at the Chicago office (assuming you can get there). It may be worth a try. Good luck, Jason

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Stephen August 26, 2016 at 1:15 am

Thank you Jason. Are there any affirmative asylum interviews being scheduled in field offices else where that you know of?

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Jason Dzubow August 26, 2016 at 6:38 am

I have very few cases at field offices. The last one was probably 6 months ago in Buffalo, NY, so that is about all I know.

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ILYAS AHMAD August 24, 2016 at 5:15 pm

I have a question that my father is seriously ill and i have pending asylum case. In emergency I applied for advance payroll with supporting documents. But due to emergency of my father I left USA with my country’s passport. Now I am in my country. Can I wait to receive my documents means payroll or inform USCIS about my current location. I have B1 valid visa till 2020. Can i go back to USA or what remedies available for me. I am in great trouble please help me.

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Jason Dzubow August 25, 2016 at 6:29 am

You can wait to see whether you get the Advance Parole and then someone can send it to you, and you can use it to re-enter the US. You can probably also re-enter the US on the B visa, but be aware that you could be detained at the airport and forced to do your asylum case in court (instead of the asylum office) and in detention (though probably you would be released). Also, the fact that you returned to your country will hurt your asylum case, so you need to get evidence about why you returned (father’s medical records) and how you remained safe while you were there. Good luck, Jason

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ILYAS AHMAD August 25, 2016 at 1:50 pm

Thanks a lot sir due to fear I used another airport and secondly i shift my father another hospital from my native town. The important another question is can i wait about 90 days for my advance payroll. And if i wait 90 days can it damage my case and my life too because im feeling very uncomfortable in my country and i also have a fear of death. Can I move from my country to Dubai to safe my life. Im very confused please help me sir.

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Jason Dzubow August 26, 2016 at 6:26 am

It is difficult to say how long it takes to get the Advance Parole, but usually (I think) it is less than 6 months after filing. If you are in a third country, it is better for your asylum case, but it makes no difference about whether you will get Advance Parole. Take care, Jason

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Sanny August 24, 2016 at 1:08 pm

Dear Jason,
Thanks a lot for the help and support. I have submitted my application in May 2016. I don’t have a surname in any of my documents and while filling the I 589, i used my only name in First name and put Fnu in last name. Now, i have realized that in my I 94, My First name is Fnu and Last name is my actual name. Do i need to get this corrected and if yes, then how?
Sincere thanks.

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Jason Dzubow August 25, 2016 at 6:22 am

The whole FNU thing is very annoying. You can certainly correct this at the asylum interview, but you may want to do it earlier so that USCIS can perform the background check properly (you’d think they would figure that out themselves, but they do not always do so). You can contact the local asylum office (or go in person) and let them know – 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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yenealemka August 23, 2016 at 11:50 pm

How you doing dear sir Jason
Now I am doing good and I have already hired , but I have got some family problem , In my country now ( Ethiopia) the ruling government is killing people and putting Amhara and oromo people in jail , the ruling government ( EPDRF ) was tried to arrest and put me in jail because of my political opinions and my ethnic group ( Amhara ) before I have leaved my country, now they have turned their face to my family and harassing them in different ways , moreover they have an intention to put my wife in jail , if that so I do not know who is going to care my younger child and she will be in jail for the rest of her life , so can the immigration expedite my case if I write a notice to them about the matter , or what would you advise me to protect my family
thanks for time and wishing all the best God blesse you

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Jason Dzubow August 25, 2016 at 6:03 am

You can ask them to expedite based on the threat to your family. However, even if they do expedite the case, it will probably take at least a few months. Then, if you are granted, you have to file for your wife and children, which probably takes at least 4 more months, and most likely, even longer. Therefore, if your family is in danger now, expediting your case will not help much. Maybe they should go to a third country while they wait for your case, though obviously that presents other difficulties. By the way, make sure you give copies of your marriage certificate and children’s birth certificates to the asylum office as part of your case. Good luck, Jason

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