The Bloggers

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

{ 81 comments… read them below or add one }

Asylee November 17, 2017 at 9:43 am

DeDear

thank you In advance

My question If the poltical situation canged in my Home country after a lot of asylum waiting time my case will reject by court?

Reply

Jason Dzubow November 17, 2017 at 4:51 pm

It is possible – if country conditions improve and the US government thinks it is safe to return, they will not grant asylum. You may need to submit additional evidence that it is still not safe for you. Take care, Jason

Reply

Eth November 16, 2017 at 10:13 pm

Hi Jason,
Thank you for your help. I have a question. My EAD has expired for almost four months. I am on pending asylum status. Do you think I can apply for my renewal now, almost after four months since it expired? Is there any consequence form not doing it on timely basis? I really do appreciate your help. Thanks

Reply

Jason Dzubow November 17, 2017 at 7:26 am

Can apply to renew now, but it takes some time and so you will have a gap in employment eligibility before you get the new card. Other than that, there is no problem to re-apply now. Take care, Jason

Reply

Eth November 17, 2017 at 7:29 pm

Thanks you very much,
Stay Blessed!!!

Reply

Ana Isabel Perrea November 16, 2017 at 8:05 pm

Hi Jason,

Thank you for your blog. I am from Venezuela and my husband has dual citizenship from Italy and Venezuela. If I file for political asylum and include my husband in my case, can I later (after my case is pending) adjust my status through my husband’s application for an investor type visa? Please help me! I do have an asylum case but we also have the hope to adjust status later, being asylum such a lengthy process.

God bless you.

Reply

Jason Dzubow November 17, 2017 at 7:22 am

As long as he and you are eligible for the investor visa, the fact that you filed for asylum should not stop you from getting a green card based on the investment visa. I do not do such visas, but the process is complicated, and he should have a lawyer to help him – make sure to tell the lawyer about your asylum case. Take care, Jason

Reply

Komla duame November 16, 2017 at 8:50 am

Hi M.Jason,l’ m asylum seeker and l applied i-765 for C11 categorie and l received my EAD card for 4 Months to renew according to my i-94 ,my question is :next time if l want renew it can l change the categorie to C8 without any problem and they will give me more time ?and l want to know if l will pay again next time to new it?Thank you.

Reply

Jason Dzubow November 16, 2017 at 6:31 pm

Usually, you can only get an EAD based on C-11 until your I-94 card expires. So you probably have no choice but to file under c-08 (asylum pending). The first card under that category is free and should be good for 2 years, but you cannot apply until 150 days after your asylum application was received by the US government. Take care, Jason

Reply

Komla duame November 17, 2017 at 12:12 pm

Thank you M.Jason

Reply

Sam November 16, 2017 at 5:51 am

Hi,
I have question. I am applying asylum and in application form I-589 they are asking about family detail for sibling. I wana ask here my brother had apply asylum 15 year ago and he got denial. And now i dont know his status. Do I mention his name in my application and status or not.

would be great if you can help me out in this matter.
Thanks and Regards

Reply

Jason Dzubow November 16, 2017 at 7:27 am

You have to mention his name and where he is (on page 4). There is another question about family members who sought asylum from the US, and you can mention him there – just say what you know and if you are not sure, you can say that. I think there is another question where you might be required to list him as well, depending on where he lives. I would be sure to mention him, as the US government probably will know about his case anyway, and if they think you are trying to hide it, that would adversely affect your case. Take care, Jason

Reply

Raaz November 16, 2017 at 4:15 pm

Thank you Mr. Jason.
So If I mention in my form it would not effect on my case or on my decision??
One last think what exactly this question means
Q2a-2.A.After leaving the country from which you are claiming asylum, did you or your spouse or child(ren) who are now in the United States travel
through or reside in any other country before entering the United States?
Q2b- 2.B.Have you, your spouse, your child(ren), or other family members, such as your parents or siblings, ever applied for or received any lawful status
in any country other than the one from which you are now claiming asylum?
Please help me in this thanks alot

Reply

Jason Dzubow November 16, 2017 at 6:46 pm

I do not know whether it would affect your decision, but I think you have no choice but to tell them about your brother. It might help if you had a copy of his old case. As for the questions, I am not sure what to tell you, I think they are pretty self explanatory. If you have some specific question, you can ask, though. Take care, Jason

Reply

Tamer Terzi November 15, 2017 at 5:54 pm

Hello Jason,

I am holding a J1 visa in US and my wife has a J2 visa depended on me. My wife has a working authorization from J2 which is valid for 1 more year.

We are now asylum applicants and we would like to apply for work authorization as asylum applicants. While filling the Form I-765, we are confused:

1- Should she mention about the current working authorization or should she apply for a new one?

2- Should we both mention about our current SSN Card or should we ask a new one?

Thank you in advance,
Tamer

Reply

Jason Dzubow November 16, 2017 at 7:10 am

1 – There are long delays sometimes to get a work permit, so if she has less than 6 months left on the old permit, probably she should apply for the new one, based on asylum pending. The form does require the person to list prior work permits. 2 – If you have an SSN card, you should be able to use the same one when you get your new card, and I believe the form requires you to list your SS number. Take care, Jason

Reply

Marvia November 15, 2017 at 3:11 pm

Hello Jason,
I have this kind of difficult question, in which the answer seems to be an ” I DON’T KNOW” answer by any attorney.
If i applied for an asylum while my I-94 was still valid, and while my asylum is pending i get the opportunity of going through a labor certification, perm gets approved, I-140 too and then i get to the I-485 Phase and my asylum is still pending, can i adjust ?

Thank you in advance.

Marvia

Reply

Jason Dzubow November 15, 2017 at 6:50 pm

It depends. If your I-94 is still valid (meaning you are in lawful status, aside from the asylum pending) and you file the I-485 before your I-94 expires, you should be eligible to adjust (assuming you have no other reasons for denial). In other words, if you are still “in status” (not counting asylum pending), you can adjust status (assuming you are otherwise eligible). If you are out of status, you cannot adjust. This is pretty basic, and I think you do need an attorney who knows about this to get you through the process, as it can be tricky. But if your I-94 has expired, you would need to leave the US in order to get your GC at the US embassy. Whether or not you are eligible to do that, I do not know, but you should talk to a lawyer about adjusting status or – if necessary – going to an embassy. Take care, Jason

Reply

Marvia November 16, 2017 at 11:15 am

Thank you for your quick response Jason.
I was just told that i could apply for an F-1 and then apply for asylum and that way i will keep a lawful status aside the asylum pending, i just don’t know if i should apply for an F-1 wait for the approval and then apply for an asylum or if i can do it all together.

Reply

Jason Dzubow November 16, 2017 at 6:35 pm

It sounds like you can do it either way, but if you apply for asylum first, USCIS will likely deny the change of status to F-1, since you have asked to stay in the US permanently (through asylum) and this is not allowed for an F-1 visa. Take care, Jason

Reply

Marvia November 17, 2017 at 10:43 am

Thank you so much Jason.
I wish you lots of success, take care.

Marvia.

RM November 14, 2017 at 3:39 am

Hello Jason,
i can use my Po Box number in change address for I-589 & for new EAD application ??

or should be Physical located mailing address ??

Thanks

Reply

Jason Dzubow November 14, 2017 at 6:52 pm

You can use a PO box for a mailing address, but you need to also give them a physical address where you live (at least on the form I-589). I think you should probably be ok to use a PO box for the I-765, but check the instructions to be sure, as I have never done that for a client. Take care, Jason

Reply

Fitz November 13, 2017 at 4:26 pm

Hi Jason…I have recieved my EAD this weekend but not my SSN. Can I use my alien # in_lue of SSN for any job apllication? Thanks

Reply

K November 13, 2017 at 4:51 pm

Hi , if u don’t mind can u please share that how long it took to get ead after filling i765

Reply

Fitz November 13, 2017 at 7:11 pm

It was my initial EAD request under C 8 category and got it in 1 month time. Service center was texas.

Reply

K November 13, 2017 at 7:41 pm

Thanks

Reply

Florence November 14, 2017 at 1:32 am

Hi Fitz

How soon after u got the letter that said ur card will be mailed to u did u receive the actual card?

I received that letter October 30 and since then have been anxiously checking the mail box everyday.

Jason Dzubow November 14, 2017 at 7:12 am

For new EADs, they should be sending you both the EAD and the SSN, but if they did not, you will need to contact the social security office and get an SSN based on your EAD. Take care, Jason

Reply

Fitz November 14, 2017 at 9:01 am

Thanks Jason as always… will do that.

Hi Florence
Allplication mailed oct 5
Reciept date oct 16
Approval mail/card production status update Nov 2
Card mailed to me nov 7

Reply

Fitz November 14, 2017 at 9:04 am

Sorry after card send to me status …. i got it with 3 days as they send it priority mail

Reply

Florence November 14, 2017 at 10:19 am

Ok.. thanks for sharing ur experience

Jaya November 13, 2017 at 2:13 pm

Hello Jason,
My Asylum case has been administratively closed on basis of marriage to a US citizen, my I 130 has been approved and I 485 has also been administratively closed. I am waiting for IJ to respond to our motion to terminate my Asylum case. In the mean time my work permit is about to expire which I received through I485. I have an awesome job and I don’t want lose it. I need to renew my work permit. Can my work permit be renewed even my cases are administratively closed?Can I still apply for work permit via my asylum case?
Thank you, hoping to hear from you soon.

Reply

Alex November 13, 2017 at 4:59 pm

What about your green card based on marriage if you have been approved? And what about the work permit when u are applying for green card based on marriage?? Just wondering, please tell me. Thanks,

Reply

jaya November 13, 2017 at 9:58 pm

Hello Alex,
only my I30 has been approved, my I485 needs to be approved for a green card, if you are married to a US citizen you can apply for your work permit when you apply for the green card which is the I485 form

Reply

Jason Dzubow November 13, 2017 at 6:47 pm

I do not know what you mean when you say that the I-485 is administratively closed. If the I-485 is still pending, you should be eligible to renew your EAD. I think there is no automatic extension for a renewal of an EAD based on a pending I-485, so you may need to act fast. If the asylum case is admin closed, you may be eligible to renew (or get a new) EAD based on asylum pending. I recommend you talk to a lawyer to see what is the best path. Take care, Jason

Reply

jaya November 13, 2017 at 9:50 pm

Thank you for responding so quick, my I485 was administratively closed because only the IJ has the jurisdiction over from I485 form.

Reply

Jason Dzubow November 14, 2017 at 7:42 am

I think your better bet may be to apply based on the asylum case, which seems to be still pending (though it is admin closed). You can call 1-800-898-7180 and enter your Alien number into the computer system. Push 2, and it will tell you how many days have elapsed on the clock, and if the clock is still running. If more than 150 days have elapsed, and the clock is running, you should be able to get your EAD based on asylum pending. I am not sure, though, as I do not know the case, so talk to your lawyer about that to help you. Take care, Jason

Reply

Asylee November 12, 2017 at 10:25 am

And one more question. If a derivative asylum applicant’s family applied for asylum back in 2001 when she was only 13 years old but didn’t get a status and came back to her home country with her family. And now if her husband gets approval will that derivative applicant have problem coming to the US?

Thanks in advance.

Reply

Jason Dzubow November 12, 2017 at 11:53 am

I think the old application would not affect her, but it depends what happened at that time. Maybe talk to a lawyer about this to try to make sure there are no issues. Take care, Jason

Reply

Asylee November 12, 2017 at 10:09 am

Dear Jason,

If I pass my interview how long after that will take me to bring my wife and my child to the US?

Reply

Jason Dzubow November 12, 2017 at 11:52 am

If the case is approved, you can immediately file I-730 petitions for your family members (one for each person). The entire process can take 3 or 4 months, or it can take a year or more – we have see it happen both ways, and it seems random (as far as I can tell). In any case, if you win asylum, you can file immediately and get the process started. Take care, Jason

Reply

Mili November 12, 2017 at 1:33 am

Hi Jason,

I had an interview on February 8th, 2016. I was told that I would receive the final decision in 3-4 weeks after, but I did not hear back. I emailed the SF immigration office and they told me that my asylum case is still pending, I asked why, but they haven’t responded. I made an Obudsman case 12 days ago. Do you think that they can help somehow. I was thinking to send the leeter telling them if they don’t make a decision, I’ll have to go through the court. Is it that a smart move or not? What are my options at this point?

Thank you in advance!

Take care

Reply

Jason Dzubow November 12, 2017 at 11:46 am

If you threaten to do a mandamus lawsuit, you need to be prepared to do that. Unfortunately, many people have their cases delayed for a long time after the interview, but I think you are doing what you can do – contact the local office, Ombudsman (though you should give them at least 3 months to reply), and then mandamus lawsuit. It is too bad that a mandamus may be needed, as they should just make a decision, but since they are not doing that, the mandamus may be your best option. Take care, Jason

Reply

asylee November 11, 2017 at 6:10 pm

any idea how it take USCIS to accept i458 application and send me the first receipt notice ? it’s been a week now and i didn’t hear anything back ?

Reply

Jason Dzubow November 12, 2017 at 11:34 am

For the I-485, usually the receipt comes in 3 or 4 weeks. Take care, Jason

Reply

Juan Manuel Hernandez November 10, 2017 at 2:35 pm

Hi jason,

I am here on a legal tourist status. My bag with all my documents got stolen and I lost my passport, ID, everything. Can I still petition for asylum? what do you recommend?

Thank you 🙏🏼 Your response would mean the world to me.

Reply

Jason Dzubow November 10, 2017 at 2:55 pm

You can, but without these documents, your case may be more difficult. If the bag was stolen in the US, you should make a police report – at least you will have that document. If you have copies of your documents, that will be helpful too, as you do not send original documents to USCIS when you apply for asylum; you send copies. Cases take several years, and during that time, maybe you can find copies of documents and replace others, so that you have some identity and other information about you. This would probably help your case. Take care, Jason

Reply

Asylee November 10, 2017 at 2:11 pm

Dear Jason,

I just want to thank you for your great advices. My husband received an interview date for November 27. We followed your advice on expediting cases due to family seperation and got accepted. Now he is getting ready for the interview. Hope we will get a positive response. Thanks once again.

Reply

Jason Dzubow November 10, 2017 at 2:53 pm

Good luck, and I did a posting on September 8, 2016 about interviews that may help. Take care, Jason

Reply

Asylee November 10, 2017 at 3:14 pm

Thanks again.

Reply

Mary November 10, 2017 at 11:14 am

Hi Jason,

1. I am waiting for a decision for my asylum case for 4 months now. Is it too soon to try the Ombudsman at this time?

2. My EAD is delayed by 3 months now and my ID has expired. Can I fly within the U.S. using my passport?
(My passport is still active)

Thank you.
Best

Reply

Jason Dzubow November 10, 2017 at 2:52 pm

1 – It is up to you, but in my opinion, it is too soon. You can inquire with the asylum office and ask them for an update. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – You should be able to do that, but check with the airline. Also, make sure you have evidence of your status (asylum receipts, old EAD, receipt for EAD). Take care, Jason

Reply

bass November 10, 2017 at 11:04 am

Hi Jason, I hope you are doing fine
My inquiry is about the renewal of the EAD. When I check the processing time information schedule like for Nebraska service office where I filed my form it says that for the I-785 (C)(8) the schedule only showing the initial filing, so under which category i’ve to check the renewal of the EAD for bending asylum is it the one says ” All other applications for employment authorization” because if so that means my case was skipped.
Thank you in advance for all your help and support
appreciate it

Reply

bass November 10, 2017 at 11:14 am

One more question if you don’t mind. can I file for Advance parole (or the travel document after the approval) in any service office
my asylum case is in NY, can I for example file in California because I see the processing time is better than in Nebrasak where I usually file for the forms

Reply

Jason Dzubow November 10, 2017 at 2:50 pm

For all these applications, your filing address depends on where you live. You cannot file in another office because of a faster processing time – it will be rejected because you sent it to the wrong address. Take care, Jason

Reply

Jason Dzubow November 10, 2017 at 2:49 pm

I am not sure I understand the question. I can tell you that we are seeing long delays (6+ months) to renew EADs for people with asylum pending. You can call USCIS to inquire. The phone number can be found at http://www.uscis.gov. Take care, Jason

Reply

bass November 10, 2017 at 10:47 pm

Thank you very much for the helpful answers
what i meant in my question about the EAD that in the processing time schedule for the service offices like Nebraska where I filed for my renewal of my EAD in July 2017, it says that they are working on cases filed in April 2017 for the EAD based on pending asylum applications (c)(8) . and also says for the All other applications for employment authorization they are working on cases filed in September 2017. So my inquiry is which one to check to know the time frame for the renewal of my EAD . Because they mentioned on the top of the page this note ” Please note that for Form I-765 category (c)(8), based on a pending asylum application, the processing time frames listed apply only to an initial filing” . under which one do my application fall
Thank you again and again for everything you do to help us

Reply

Fitz November 11, 2017 at 3:03 pm

Waiting for my wife renewal and got confused with same info on the latest processing time bulletin. My guess is zt they are processing EAD renewal filed on Apr as of Sep31 or wrong info. Better to check next release to check.

Reply

Bass November 11, 2017 at 4:59 pm

Yah you are right its very confusing, but as you said lets wait and see we don’t have any other choice

Jason Dzubow November 12, 2017 at 11:21 am

In my experience, the processing times listed on the USCIS website are not always accurate, and that it particularly true of EADs. I think all you can do it look on your EAD receipt and it will tell you what office is processing the application. You can try to check there for the processing time, but again, I don’t think it will be very accurate. Take care, Jason

Reply

Sam November 10, 2017 at 7:19 am

Dear Mr. Jason,
How are you sir, Hope you are fine.
I have quick question. I have 6 Month entry and I am going to apply for Asylum 20 days prior to my visa expiration. I wanted to know that till the time my finger prints letter does not come and my 6 months visa is over, Am I consider illegal or Am I secured/legal from the day I have applied asylum application
I589.
Please guide me. I would be great help.
Thanks
Awaiting for your reply.
Regards,
Sam

Reply

Jason Dzubow November 10, 2017 at 7:40 am

Once you file for asylum, you are legally allowed to remain here until the case is resolved, so if you file before the 6-month period of stay ends, you will have no “unlawful presence,” as that term is defined in the law. Take care, Jason

Reply

Sam November 10, 2017 at 6:44 pm

Thaanks for the reply.

So what proof do we have till we get the file no ??
Because that will take about a month. And my visa will expire before that.

Reply

Jason Dzubow November 12, 2017 at 8:29 am

You should keep a copy of your asylum form (I-589) and the mailing receipt. Take care, Jason

Reply

Hasan November 9, 2017 at 9:37 pm

Hi Jason ,

Hope you are doing well,

After 4+ months of applying for the renewal of an EAD
The online status changed to “Case received at My Local Office” , before this the status was “We received your application for EAD” . I am bit confused what this new status implies . Does it mean the processing will start over again?

Thanks
Hasan

Reply

Jason Dzubow November 10, 2017 at 7:30 am

I do not know, but sometimes, more than one office is involved in processing the EAD, so it may relate to that. We have seen long delays for EAD renewals (6 months or more), so hopefully it is at least a sign that something is happening. Take care, Jason

Reply

Lily Ali November 8, 2017 at 9:55 am

Hi Jason, I applied for asylum in December 2014 and I’m still waiting for an interview. I applied for renewal of EAD and that’s also processing for 145 days now! I called immigration customer service and submitted an inquiry. I was wondering if you know if there is any reason why it’s taking too long for an interview or the delay for my EAD? Thank you Jason

Reply

Jason Dzubow November 9, 2017 at 6:41 pm

Apparently, many people – including some of our clients – are seeing these long delays. It is unclear what is going on, but it certainly is a problem. If your inquire does not help, you can try the USCIS Ombudsman – a link is at right. Good luck, Jason

Reply

Fitz November 8, 2017 at 12:25 am

Hi Jason…
Miracle sometimes happen as you said when I asked you first time. I am very lucky to get my EAD approved and mailed in 1 month time. My question is can I apply for a job outside of my asylum case juridiction which is VA and go to florida and work till my interview shedule. What process do I have to follow if there is any?

Reply

Jason Dzubow November 9, 2017 at 6:39 pm

If you move to FL, you have to change your address. If you keep your permanent address and go temporarily to FL, you may need to explain that to the asylum officer. And if they think you are lying about the address, they may think you are lying about the case, so be careful. I wrote a posting about this on June 24, 2015. Maybe that would help. Take care, Jason

Reply

Ali November 7, 2017 at 6:48 pm

Hi Jason, I’m an employee at the U.S embassy in Yemen. I live in Turkey those days because of the situation in Yemen. I received threat by Email recently and I hesitated to reported to the security office. I have always been able to get a visa to the U.S and I fear if I report this threat it might affect any future visa application.So I’m waiting to get a B1/B2 visa and then travel to the U.S. Can you advise me? should I wait to get the visa and then travel to the U.S and apply for asylum or I should tell the security office and if I report the threat what do you think will happen? state department offer resettlement?

Reply

Jason Dzubow November 8, 2017 at 6:43 pm

Given all the difficulties with travel bans, maybe you are better off not saying anything, and then if the visa is denied, you can report the threat and maybe (hopefully) they will help you resettle. If the visa is granted, you can report the threat once you are here, and maybe use that as evidence in the asylum case. But you might want to consult with a lawyer first about strategy. Take care, Jason

Reply

Ilyas November 7, 2017 at 2:11 pm

I applied for asylum in april 2015. I waiting for interview. My son is 20 years old and at the time i applied he was under 18 years. I know if my case is approved he can join me. But now we arranged his marriage with US citizen. She will go back to my country and married. If my son married and his wife applied for his green card it is possibe that he have a problem to get green card due to my asylum case. Because after married he can not join me as derivative asylee. Thanks.

Reply

Jason Dzubow November 8, 2017 at 6:38 pm

If he is married, he cannot be your derivative Ashlee. But I doubt that your asylum case would affect his green card/marriage case. Maybe if there is some inconsistency between the cases or a terrorism issue. If you are worried about that, talk to a lawyer about the specific problem. Take care, Jason

Reply

Asylum pending case November 6, 2017 at 11:27 pm

Hi jason i have a question please im hearing every day on news those people they have curt and they lost the asylum got deny from judge and ice police arresting them and deporting .they have right for apeal but the judge doesnt let them for apeal . Can u give me some information about it please ? Thank you

Reply

Jason Dzubow November 8, 2017 at 7:39 am

I have not heard any examples of people being arrested and blocked from appeal. It may be true, but I doubt it – I am on list serves with thousands of immigration lawyers, and if it was happening (at least on a wide scale), we would hear about it. Take care, Jason

Reply

Asylum pending case November 9, 2017 at 4:43 pm

I called alot on your number no body pick up i live in new york city i heared alot on radio after court lots of peoples arrested .im from afghanistan there is lots of war dnt know what will happen

Reply

Jason Dzubow November 10, 2017 at 7:27 am

If you leave a message, we will call you back, or you can send an email – if you need a consultation, that is the best way to set it up. My email address is Jdzubow@Dzubowlaw.com. Take care, Jason

Reply

kumari November 6, 2017 at 12:45 pm

Dear Jason

I have two questions regarding an Asylum Application. Would it be possible for you to answer following questions?

1. I found that in my I 589 application questions 2 and 3A in Part B answered incorrectly. Before I go to the Asylum Interview how do I correct it?

2. I filed my I 589 application on my own. If Immigration officer refers my case to Immigration Court then can I hire a Lawyer?

Thank you very much.

Kumari

Reply

Jason Dzubow November 8, 2017 at 7:25 am

1 – You can submit a supplemental affidavit prior to the interview and explain the errors. You can also correct this at the interview, but especially if you have no lawyer, it is probably better to submit the correction in writing prior to the interview (in case you do not get an opportunity to make the correction at the beginning of the interview). 2 – Yes. Take care, Jason

Reply

Leave a Comment