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:

[email protected]

(202) 328-1353

{ 61 comments… read them below or add one }

dave July 25, 2017 at 11:03 pm

hi Jason,

Thanks for your valuable blog services,
I am here on pending asylum, I have Q , if I send money to my wife and son at home country for family maintenance, is there any problem with my case and also to my family , is there any limit to send money, kindly advise, thanks,

Thanks

Reply

Jason Dzubow July 26, 2017 at 6:28 am

I do not know about sending money abroad in terms of limits or sending it to certain countries or people, but it should have no effect on your asylum case. Take care, Jason

Reply

Kider July 25, 2017 at 6:03 pm

Hi Jason,

I have a question regarding Asylum Denial Notice Date. Let’s say John’s F1 visa expires on January 5. USCIS’s Denial Notice is dated January 5. Should USCIS refer John to an immigration office or write a denial letter without referring him to the court. USCIS might have decided before the expiry date, but the notice date was after the expiry date. Is there any rule about notice dates and decision dates? An immigration judge is disputing that USCIS couldn’t issue a Final Denial notice because the visa was expired.

Reply

Jason Dzubow July 26, 2017 at 6:21 am

I think I have seen a case where USCIS issue a notice of intent to deny (NOID) and then, the I-94 expires during the time between issuing the NOID and the decision in the asylum case. If I remember correctly, the person was referred to court. However, I do not know a specific rule about this. If it were anywhere, it might be in the Affirmative Asylum Procedures Manuel – a link to that is at right. Take care, Jason

Reply

Sam July 25, 2017 at 12:06 pm

Hello ,

I have applied for asylum last year still pending waiting for my interview.

Is there a way to apply for a social security number while waiting? so i can apply for a driver license? other than applying first for EAD becasue EADs are taking forever (already applied 6months ago through my TPS case and still waiting for it.)
thank you 🙂

Reply

Jason Dzubow July 26, 2017 at 6:16 am

A TPS EAD can be slow, but an asylum EAD should be faster. However, 6 months is pretty slow. Maybe contact USCIS to ask (the phone number is at http://www.uscis.gov). You can also contact the USCIS Ombudsman for help with this – a link is at right. You can apply for your asylum-pending EAD 150 days after your asylum case was received. If you do not have an EAD, I think you cannot get an SSN, but you can contact the Social Security office to check. As for the driver’s license, most states require an EAD, but sometimes people get the DL without the EAD, so you may want to try. Take care, Jason

Reply

Tori July 25, 2017 at 12:22 am

Hi Jason,

First, Your helpfulness can’t be thanked with words. Thank you so much for helping us out.

I had a doubt with filing I-765 on the basis of pending asylum.
The I-765 form has a question “Have you ever filed for employment authorization with USCIS” and truth is, I have as a F-1 student in the past. My EAD was denied at that time without prejudice (because of issues with the filing date of application.)

Now, a paralegal I am working with on my asylum case, is asking me to put in ‘No’ as an answer to the question because he thinks it will make the case more complicated and it will make me pay $410 filing fee(because it won’t be my first I-765 application)

My question is, should I put in the truth that I had filed for EAD and it was denied? And If I do so, will I have to pay $410 filing fee?

Thanks,
Abhi

Reply

Jason Dzubow July 25, 2017 at 6:30 am

I think the paralegal is wrong. The question is easy to answer – you did file for an EAD; it was denied. USCIS obviously already knows about this, since you filed with them. We do this all the time and it has never been a problem. As for the fee, you do not have to pay the fee if it is the first time you are filing for an EAD based on asylum pending. Finally, if this “paralegal” is helping you with your asylum case, you might want to think about finding someone else. This is a pretty basic EAD question, and if he is getting it wrong, imagine what his “help” might mean for an asylum case. In addition, it is actually illegal for a non-lawyer to give legal advice, so if the paralegal is not being supervised by a lawyer, that is also a potential problem. Take care, Jason

Reply

Nancy July 23, 2017 at 6:39 pm

Hi Jason, I applied for asylum in 2014 august through Houston office. my dependents were included on application that have since turned 21. I did voluntary interview in march through new Orleans office. one of my dependents apply for renewal ead and fees is returned that it is not needed. does this mean my application was approved and is changed to ao5 category. I don’t understand. also how can I find out. my lawyer says we must just wait for letter.

Reply

Jason Dzubow July 24, 2017 at 6:26 am

You might try contacting USCIS or going in person with an Info Pass appointment to see why the EAD application was rejected. You can find the phone number to call or make an appointment at http://www.uscis.gov. Also, you can email the local office (or go in person – but maybe you cannot do that in New Orleans) to inquire about the case status. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

Ader July 23, 2017 at 6:33 pm

Hi Jason,

Due to my kid’s health issues I was not able to attend my asylum interview.

How much time on average do you think it will take to reschedule the interview?

Thanks.

Reply

Jason Dzubow July 24, 2017 at 6:24 am

It should only take a few weeks. Hopefully, you informed them about the reason for missing the interview. If not, you can email them and also ask about rescheduling. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

HAZERA KHATUN July 23, 2017 at 11:58 am

I HAVE APPLIED FOR ASYLUM ON AUGUST 2014, BUT TILL NOW I DONT KNOW MY ASYLUM CASE DATE. HOW CAN I KNOW MY CASE DATE??

Reply

Jason Dzubow July 24, 2017 at 6:20 am

You cannot know, but you can get some idea if you check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason

Reply

Mike July 22, 2017 at 10:37 pm

Hello Jason, I applied asylum case in 2014 and did interview and received recommended approval. It’s been over 3 months since I received the recommended approval. Noe I have 3 questions:
1. What happens if I want to withdraw my application
2. My mom is sick she needs my help, can I travel back
3. It is been already 3 years since I applied and over 3 months since recommended approval letter (no one know how long it will take!) I want to change my status to student visa, is it possible?

Reply

Jason Dzubow July 23, 2017 at 7:27 am

1 – It depends. If you withdraw because you plan to leave the US, then your case will be denied. You should inform them about this and give proof that you left the US. Hopefully, this will make it easier for you to return to the US in the future. 2 – If you do, it could affect eligibility for asylum. Also, you would probably need Advance Parole (form I-131, available at http://www.uscis.gov) to re-enter the US. 3 – Unless you have some other lawful status (besides pending asylum) , you would probably have to leave the US, get the student visa overseas, and return here, and this may or may not be possible depending on your specific situation. I recommend you talk to a lawyer to help with all this, as it can be tricky, and I do not know enough here to give you full advice. Take care, Jason

Reply

Frank July 21, 2017 at 7:14 pm

Hi…
My wife and son apply for asylum and they gave received recommended approval in 23 Jan 2017 (dated 19th of Jan in the letter) from SF office. She moved back to orange county and notify the office for changing address.
She visited SF office on 5th of Jun and the officer supervisor informed here that our case finished from security checking and he told here that she’ll receive the final decision within 4-6 weeks.
On 16th of Jun our lawyer informed us that they gave requested (SF office) our son B certificate and it was already submitted from the beginning (note: my son’s family name is wrong/different than my family name because a mistake of our embassy)
Today is 2nd og July…what is the problem?
How long it will take? Could all of this because my son’s family name different?
Note that a friend of us went to SF office and officer told her the same but after 4 weeks exactly she received the final approval.
Kindly advice
Another question; I applied for a visa in Saudi Arabia last April..but the officer in the embassy told me i cannot find a reason to for giving you a visa I told him I want to visit my wife and son..then he asked me that my passport full..where we can put the visa..i showed him one blank page..he told me we need two blank pages (my passport will expire in mid of September)..then he told me again..I have no reason to grant you a visa maybe your wife asked for asylum because of u..and gave me a paper with code 214 (b)
I asked him can i apply again..he said maybe another officer will help
Now; i have renewed my passport..can I apply again?
What ahould I say..? Note that I’m still have a job and i will return back after my visit
Plz advice

Reply

Jason Dzubow July 23, 2017 at 7:05 am

Unfortunately, there is no way to know how long it will take. It could be as a result of the name, but again, there is no way to know. I think all you can do is follow up every few months. It sounds like the case will receive a final grant, it is just a question of when. You can apply again for a US visa, but they may very well deny you because your wife is an asylum seeker in the US. They may think you plan to join her in the US. You will have to convince them otherwise. I did a blog post about this on April 18, 2014 – maybe that would help. Take care, Jason

Reply

Frank July 23, 2017 at 2:20 pm

Thanks for the reply…
I hope that we can hear a good news soon

Reply

Laura July 21, 2017 at 3:01 pm

Hi Jason,
i have a question, my husband and I are pending assylum seekers. we just received our EAD’s and we went to apply for social security cards. my husband was told he will receive his card in two weeks while i will receive mine in 1month because my name was long. the person attending to me said he must verify the documents i gave to show my alien status with the federal, state or local office in the USA that issued the documents. i just want to know if its normal or should i be worried.

Reply

Jason Dzubow July 23, 2017 at 6:54 am

I do not know whether this is normal, but if you have the EAD, you should get the SSN. I doubt it is something to worry about, but if you do not receive the card in the time frame they gave, you will need to follow up. Take care, Jason

Reply

Rajesh July 25, 2017 at 6:25 pm

HI Laura ,

How long it takes to get EAD and mine is applied on may 1o th but still it is showing same status .
Please let me know .

Reply

Jason Dzubow July 26, 2017 at 6:21 am

We are seeing EADs take 2 to 4 months. Take care, Jason

Reply

Tori July 21, 2017 at 3:14 am

Hi Jason,

I really appreciate you responding here. Hope you respond me as well. I am about to file my I-765 application based on pending asylum case on August 2(150 days after my case was filed). I have an offer letter to start a job from September 25. The company explicitly said that the offer is contingent on me bringing my EAD/EAD approval by that date.

What are my options? Can/should I wait to call customer service to raise service request in september? Should I send an expedite request with the offer letter along with I765 application to USCIS based on “severe personal loss” as a ground?

Thanks,

Reply

Jason Dzubow July 21, 2017 at 6:41 am

I think it will be a close call whether you can get the EAD by September 25, but maybe. I recommend you include a short note with your I-765 application explaining why you need them to expedite. Include a copy of your offer letter and highlight the language about needing the EAD by that date. Once you have the receipt, call USCIS to inquire and tell the person about the offer and your expedite request (the phone number is on the website: http://www.uscis.gov). Good luck, Jason

Reply

Hash July 20, 2017 at 8:54 pm

I have applied for TPS for Syrian since January 2017…I did my finger prints in March . but until now I still have not neither received my TPS or EAD.. when I check online it says pending at the local office …May you tell me what does it mean please ? the TPS expires in March 2018 in less than 9 months and still havent heard from them or received anything even i paid the fees..
thank you .

Reply

Jason Dzubow July 21, 2017 at 6:30 am

You can call USCIS to inquire – the phone number can be found at http://www.uscis.gov. Also, you can inquire with the USCIS Ombudsman – a link is at right, and they may be able to assist with a delayed case. Take care, Jason

Reply

Rajesh July 18, 2017 at 12:43 pm

Hi Jason ,
My self Rajesh . My attorney applied Asylum EAD on May 8 th , 2017 but when I checked in USCIS time processing website it’s showing as processing EAD petitions @ TSC , whose applied on 11 th May also .
Why my EAD petition is not showing as updated ?

I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] May 11, 2017

Reply

Jason Dzubow July 19, 2017 at 6:15 am

In my experience, EADs are taking 2 to 4 months. I have little confidence in the EAD processing times posted by USCIS if they are different from that because that is what we are seeing with our clients. Take care, Jason

Reply

Rajesh July 21, 2017 at 1:04 pm

Hi Jason ,
My attorney applied for asylum in September, 2016 @ Houston office but if i get job in Florida or LA, CA (Because it taking much time ) , my interview date is same as @ Houston or it may be changed to local priority list .

Please let me know .

Reply

Jason Dzubow July 23, 2017 at 6:52 am

If you move to a new office, you keep your original filing date, but you will be interviewed according to the schedule of the new office – See the Asylum Office Scheduling Bulletin, a link is at right. Take care, Jason

Reply

salem July 18, 2017 at 8:40 am

Hi Jason,

Is it not possible to get a professional job (which requires secret clearance) with only my work permit? I am an IT professional and most of the vacancies require a secret clearance.

Please kindly advise.

Reply

Jason Dzubow July 19, 2017 at 5:59 am

With a work permit, you can work anywhere that will hire you. Whether you can get a security clearance with a work permit, I do not know, but any potential employer should be able to assist with that. Take care, Jason

Reply

Alex July 17, 2017 at 10:32 am

Hi Jason!
Example.:
If the asylum officer send your case in court and you are waiting for court hearing, can you adjust status via US citizen marriage or how it works?

Reply

Jason Dzubow July 18, 2017 at 6:30 am

Maybe, but it depends on the situation – how you entered the US, your immigration status, whether you have convictions, etc. In most cases, where the alien is eligible, the US citizen files an I-130 petition and once that is approved, the court case is terminated and the alien adjusts status (gets a green card) with USCIS. Sometimes, the Judge will adjust the alien’s status. If you are in this situation, you should talk to a lawyer to determine your eligibility and help with the case. Take care, Jason

Reply

Alex July 18, 2017 at 10:39 pm

I entered in US legally(JFK airport using my J1 visa)
After 1(11months) yea applied for asylum
No any legal status was maintained.

Reply

rr July 15, 2017 at 7:42 pm

I applied for asylum in sept. 2014. I also applied for TPS in 2015. I received my interview letter on December 2016 only to be postponed until further notice. I went and checked with USCIS during their open session on Friday on Feb 2017. They notified me that my file was transferred to Lincoln, Nebraska due to TPS application and i will hear from them within one month after my TPS application is approved. I received TPS approval letter on june 2017. Till the date my asylum interview has not been scheduled yet.
Any suggestions??

Reply

Jason Dzubow July 16, 2017 at 7:14 am

I had not heard about this happening before – it is very annoying. Contact the asylum office again and ask about the interview. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

Asylum seeker July 14, 2017 at 5:59 pm

Hey Jason,
i have pending asylum case, but now i decided to go back to my country, what should i need to do now, i locate my asylum office but i couldn’t find their telephone number so how can i inform them that i am leaving.
secondly if i apply for advance parole document now how long they will take to issue that document.
Thanks

Reply

Jason Dzubow July 16, 2017 at 6:45 am

AP takes 4 to 6 months, usually. If you leave, you can email the asylum office and ask them to cancel your case. You might also want to send proof (like a passport stamp) showing that you have left. You can find their contact info if you follow the link at right called Asylum Office Locator. There is usually also a phone number, but often, no one ever answers. Take care, Jason

Reply

DK July 14, 2017 at 12:35 pm

Hi Jason,

I was interviewed few days ago. I brought a witness with me, but before wrapping up the interview, the asylum officer told me that he did not need to hear from my witness if he had only to confirm my story because “I trust you” she said. So, we skipped my witness testimony, and he asked me for two passport photos ( as far as I know it is not a required document for an asylum interview). Nevertheless, I took some and brought them to him.

What is your take on that?

Reply

Jason Dzubow July 14, 2017 at 5:10 pm

Usually, they do not talk with witnesses, so that is normal. The statement the officer made seems positive, so hopefully it is a good sign. Good luck, Jason

Reply

Abdulah July 14, 2017 at 7:57 am

Hi Jason, I’m an activist and I was a victim of armed Islamic group violence in Yemen. I was held captive, I was forced to give information about civil society activities and I was used in propaganda video to denounce certain countries and organizations. I also paid ransom to be released. I’m now in the United States on a program funded by the state department. I understood from one of your articles (the one you wrote on October 20, 2015) that cases like mine might be placed on “indefinite hold”. Is there a way to know before applying for asylum the chances that my case is terrorism related case? I might be able to cope with the long wait but the idea of indefinite hold is driving me crazy especially because I have a family in Jordan and I’m trying to bring them.

Reply

Jason Dzubow July 14, 2017 at 5:06 pm

Given what you say, I think it is likely that your case would be delayed for a long time. I am not sure about the indefinite hold. You may need to hire a lawyer to analyze that for you (it is based on some USCIS memos and some regulations that are supposed to be written, but are still not complete). If possible, try to bring your family here first, before you apply for asylum. I know that can be quite difficult, but if they can do it, it is far better. Take care, Jason

Reply

Alex July 13, 2017 at 12:38 pm

Hi Jason.
Q:
We wanna move our case to SF(now we are in VA,arlington).
And of course we don’t wanna lose the time that we already spent waiting(we applied in may 2015).
SF office right know at april,may 2015..and we about to move in august, so in august most likely SF gonna be at july-august 2015. Are we gonna keep our space in line!? Does it affect some how our case? May be it looks suspicious for officer that we are moving? What do you think?
I know that it gonna takes several months for case to be moved to SF, but still we wanna move in that area!
Thank you!!

Reply

Jason Dzubow July 14, 2017 at 6:19 am

You can move – there should be no problem of looking suspicious. File the change of address (form AR-11, available at http://www.uscis.gov) on line for the I-589 and then email or send it to Arlington. After they have it, you can contact them to make sure the case is moved to SF. Once it is moved, you can contact SF to make sure you keep your place in the queue (which you should). Since you should get an interview in SF pretty soon, make sure that your case is complete and everything is filed. You can find contact info for the asylum offices if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

hashim July 13, 2017 at 7:19 am

Hi Jason,

In december 2017 it will be two years since I filed my affirmative asylum case . As per the uscis asylum schedule bulletin I am expecting that interview will be conducted sometime in 2018 this is purely based on my calculation & assumption , though I am not aware of the actual situation and their criteria of scheduling the interviews. will it help in any way to file/request for shortlist so that if there is any available slot they may call for interview sooner then the actual schedule.
Thanks
Hashim

Reply

Jason Dzubow July 14, 2017 at 6:08 am

If your asylum office has a short list, you can request it (remember to make sure your case is all complete and submitted if you do). Either you will get called based on the short list or based on the regular queue – there is no downside. Contact your office to ask about the short list. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

hashim July 15, 2017 at 6:36 am

Thanks for the advise atleast there is no harm to request shortlist.

Reply

Thomas July 12, 2017 at 9:35 pm

Hey Jason,

How long does it usually take for an asylee to get his greencard after he applies for one?

Reply

Jason Dzubow July 13, 2017 at 6:25 am

It is not very predictable, but it usually takes 6 to 9 months, at leas that is a reasonable guess. Take care, Jason

Reply

Ghassan July 11, 2017 at 1:20 am

Hi jason,thank you for the this helpful blog,my question is with your experience as immigration lawyer did you ever saw an asylam case was granted without interview

Reply

Jason Dzubow July 12, 2017 at 6:23 am

No – and that would violate the rules of asylum. Take care, Jason

Reply

Neron July 10, 2017 at 11:05 pm

Dear Jason,
Thank you for all your help. Your advice is invaluable.
I recently won asylum. I will now apply for my wife and children for derivative asylum.
1. They are in Europe and have applied for asylum in Europe.
So does this make them ineligible for derivative asylum here in the US? Will it affect negatively my application to bring them here?
2. I have applied for and will start receiving some benefits like cash, health coverage and food stamps until I get a job and get settled. So will these affect my application to bring my family to the USA? Will USCIS care about my financial standing in deciding my application to bring my family to the US?
Thank you very much.

Reply

Jason Dzubow July 12, 2017 at 6:21 am

1- It should have no effect; they can come to the US as your derivatives. 2 – This will not affect either. You can file the forms I-730 to bring them here (one form per person). The process can take 4 months (at best) to maybe a year, depending on many factors. Good luck, Jason

Reply

David July 10, 2017 at 3:47 pm

Hi, Jason
I have a question regarding green card by asylum.
Once that I get the green card what happens if the situation in my country changes? the green card can be revoked?

Thanks

Reply

Jason Dzubow July 12, 2017 at 6:07 am

In that case, I think the GC would not be revoked. At least I have never heard of such a thing. That is why it is a good idea to get the GC, as asylum can be revoked if country conditions improve (though this is also very rare). Take care, Jason

Reply

Ader July 10, 2017 at 11:23 am

Hey Jason,

A quick question. Do I need to translate my diplomas and birth certificates from another country to present them to the asylum office?

Someone said that it is not important if it is not related to my case.

Please help.

Reply

Jason Dzubow July 12, 2017 at 6:02 am

We do submit such documents for our clients. Personally, I think it is important, since it tells something about you. Also, it seems to me that such documents should not be that difficult to translate and you will need that later (maybe) to get a job or go to school. Also, you can translate documents yourself, if you speak both languages, and so you do not need to pay anyone for that. You do need a certificate of translation verifying the translation, and you should not sign that certificate for your own case, but a friend who speaks the languages can sign it. Take care, Jason

Reply

Lev July 10, 2017 at 10:53 am

Hi Jason, I just got a notification from my attorney who said I have an interview on July 18th. Today is July 10. I thought uscis used to notify 3 weeks prior to the interview. Is my attorney lying to me with such short notice?

I haven’t submitted any supporting documents yet. Do you think it is better to reschedule the interview or shall I still try to take my documents to the interview to see what happens?

If I reschedule, how much longer will I have to wait again? Because I have already waited for 2.5 years now.

Thank you.

Reply

Jason Dzubow July 12, 2017 at 5:58 am

You should also have received a notice in the mail if this is a “normal” interview. If it is a short-list, the asylum office probably just called your lawyer. For short list cases, they do not always give much notice. This is why I recommend that you complete and file all documents in the case before you put your name on the short list. I do not know the rules about submitting documents to your asylum office (in my office – Virginia – all documents must be submitted one week before the interview), and so maybe you still have time to submit documents. But if not, you probably need to postpone (better to wait longer than lose the case because you failed to submit evidence). If you postpone, they may be able to give you a short list date soon, or you may be interview per the Asylum Office Scheduling Bulletin (a link is at right). Take care, Jason

Reply

Leave a Comment