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

Contact Jason Dzubow about an Asylum or Immigration case:

JDzubow@DzubowLaw.com 

(202) 328-1353 

{ 175 comments… read them below or add one }

patal July 22, 2015 at 5:54 pm

Hay Jason I have a question about asylum and very thankful if you answer. I am from India. I have applied for asylum in May,2015 and finger print in June,2015. My father is in India and look after my wife and children. I am the only son of my father. My mother was died in 2009. I have no more brother or sister. My father is facing hard and want to see me because it is impossible for me to come back due to death threads. Please tell me can my father apply for visit visa and how much chances to get visa and it is better that my father tell the embassey that my case is pending and strong ties that no more male member is in India due which he will come back.

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Jason Dzubow July 23, 2015 at 6:04 am

In general, if a person applies for asylum, it makes it more difficult for his family members to get a visitor visa. This is especially true for a spouse, but is probably also true for your father. Other types of visas he might apply for – for example, an H1B work visa – will probably not be affected by your asylum application. I do not think he can avoid telling them about your application, and maybe you want to talk to a lawyer who specializes in consular processing (visas) for more advice. Good luck, Jason

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patal July 24, 2015 at 1:28 pm

Thank you very much sir for early and perfect answer

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Martin July 21, 2015 at 6:18 pm

Hi Mr. Jason
My name is Martin , Im asylum applicant first I received the receipt notice and fingerprints, 150 days sincd my case is being on pending and I send the application for the work permit they send me the receipt letter from the work application and thats is, my concerns is how long did they take in order to send you the response and processing time for the work permit? Also i went to the dmv to try to get my permit but after they scaned the documents for approval they denied me to get my permit , do you know why this happens?

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Jason Dzubow July 22, 2015 at 6:20 am

I do not know about the DMV, as each state is different. For our clients, for the first EAD, it generally takes between 1 and 3 months to get the card. Once you have the EAD, it may be easier to get the driver’s license. Good luck, Jason

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samna July 20, 2015 at 7:47 pm

hello Jason. I had my interview on march 2014, got referred to the IG, the court sent me a notice to appear for master hearing on may 2014, I went on time but the judge told me there was an error on the computer system and that I was not supposed to come that day and asked me to go back until the court send me again a new notice.
I tried to call the EOIR number to know something about my case status, but they told me my A number is not in the system!!!
now I wanted to renew my work permit, I send all the papers like my first time, but I got denied, I still wait for the notice to know reasons.
I have 2 questions: what can I do with the court? I feel they lost my file!
and what about the renewal of work permit? I have to work I have 2 little kids!!
thanks

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Jason Dzubow July 20, 2015 at 10:33 pm

Sometimes, we do see problems like this with the court. If the 1-800-898-7180 number does not help you, you should call the court directly. Here is a link with the phone number: http://www.justice.gov/eoir/eoir-immigration-court-listing. It is not easy to reach a human being, but eventually you will and hopefully they can give you some info. You might also contact the asylum office that had your case, as they might have recalled it. Without some proof of an active case, I do not think you will be able to get a work permit. If nothing else works, you might need to hire a lawyer to assist you. Good luck, Jason

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patal July 18, 2015 at 11:41 pm

Hay Jason I have a question about asylum and very thankful if you answer. I am from India. I have applied for asylum in May,2015 and finger print in June,2015. My father is in India and look after my wife and children. I am the only son of my father. My mother was died in 2009. I have no more brother or sister. My father is facing hard and want to see me because it is impossible for me to come back due to death threads. Please tell me can my father apply for visit visa and how much chances to get visa and it is better that my father tell the embassey that my case is pending and strong ties that no more male member is in India due which he will come back.

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JGT July 16, 2015 at 7:38 pm

Hi, i arrived to the US and applied for asylum two months later, i had my interview with the officer and he didnt approve,he forwarded the case to an immigration judge, i have not recevied the first motice to appear before the judge. My visa expired the 20th of may of this year but i already had my alien number months before my visa expires, so i guess i havent been in the country irregularly for a day. Heres the thing, the political climate back home has changed in my favor and i would like to thank the goverment and USCIS for their hospitality and return home, but i dont want to be denied entrance to the US In the future, is there a correct way to do this?

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Jason Dzubow July 17, 2015 at 6:43 am

You probably need to ask the Judge for voluntary departure. This is easy to get, but first you need an appointment with the Judge, which sometimes takes a long time. In this case, a lawyer can probably help. That may be your best bet, especially if you hope to leave the US in the near future. Good luck, Jason

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Abdi July 14, 2015 at 11:26 pm

Hi jason just have a question for you. I have been granted withholding of removal in 2013 because i was found to be firmly resettled in South Africa. I have child who live Africa wgo who is really sick and needs my presence for doctor surgery. Do you think i can get travel permit and be able to come back without any problems?

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Jason Dzubow July 15, 2015 at 6:13 am

I do not know how you can do that. Maybe you can apply for humanitarian parole (using form I-131) before you travel or maybe you can reopen your case with the court and get asylum (maybe there is more evidence now that you are not firmly resettled in South Africa). I recommend you consult a lawyer to go over the specifics of your case. Good luck, Jason

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Abdi July 16, 2015 at 4:33 am

Thnks Jason. I will take your advice may be either one might work out for me hopefully.

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nasir July 14, 2015 at 6:50 pm

Dear jason
Thank you very much for such a helping blog. My question is that I am from Bengladesh and according to my country law a man can allowed two wives at once. My first marriage was conducted in 1999 and second on 2008. In my first wife a have three children and from second wife I have two children. I was legeally seperated from second wife in october 2014 and now I am living with my first wife and all five children are with me. I am in the USA and seeking for asylum. Please tell me can I mentioned five children in the application and my second wife is not divorced only legealy seperated. Can it effect my asylum case and can I tell about my first wife.

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Jason Dzubow July 14, 2015 at 10:03 pm

I do not know. I think you will need to have a lawyer look at the law. Under US immigration law, a person can be deported for bigamy (marrying more than one person at the same time). However, I do not know how this affects asylum law, as I have never done such a case. My guess is that if you explain what happened, it will be alright, but you need to have a lawyer look into this before you file.

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Nour July 11, 2015 at 3:38 pm

Would you know what year is the Chicago asylum office processing now?

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Jason Dzubow July 13, 2015 at 6:14 am

They are interviewing cases filed in about June 2013.

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Nour July 13, 2015 at 8:42 pm

Thank you . So if you are on legal status and you have been denied asylum do you lose your legal status ? And you are forced to be deported ?

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Jason Dzubow July 13, 2015 at 9:46 pm

If you are in legal status, and lose the asylum, you generally will just continue in the legal status until it ends. The asylum usually will not have any affect on your status. However, if you are not sure, you should talk to a lawyer, who can tell you about your specific case.

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Ben Zain July 11, 2015 at 10:57 am

Dear Jason,

Thanks for all the efforts you have done to help and inform asylum seekers. I applied for Asylum in September 2014 in Miami. Would please tell me from what time period (month/year) they are interviewing now in Miami?

Many thanks in advance,
Ben

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Jason Dzubow July 13, 2015 at 6:14 am

Miami is interviewing cases filed in about March 2013.

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Jeffery July 10, 2015 at 1:53 am

Hi Jason, I just read your reply to another post, where you said that the fingerprint is valid for only 15 months, so now I have a question. I did my fingerprint in June 2013 shortly after I filed the asylum case. In December 2013, which is more than 180 days later, I received my C8 EAD. I also successfully renewed my EAD after filing the application in September 2014, and received the new card in November. Back to September 2014, it was exactly the 15th month since I did the fingerprint. Now I’m almost going to renew the same C8 EAD again, and the fingerprint has expired this time. Will I receive a second fingerprint notice this time after I file the EAD renewal? If so, will this delay my renewal application? I could lose my job if there is a gap between the old and new EADs, and I’m worried about that. Hope you could help and answer my question, thanks a lot!!

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Jason Dzubow July 10, 2015 at 6:30 am

You should receive a fingerprint notice each time you apply for an EAD; it is just part of the process. That said, there are delays in renewing EADs (see my latest posting from this week), and so you should apply as early as possible – 120 days before the old card expires. Good luck, Jason

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samin July 9, 2015 at 5:49 pm

my husband have two wives. we are from india. muslim laws allowed two wives at once. My husband is in usa and want to apply for asylum. can he mentioned the name of two wives and secondly if the case is approved two wives can get the benefit of dearative asylum

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Jason Dzubow July 10, 2015 at 6:26 am

I believe that this is not permitted under US immigration, but I am not sure. Certainly, he would want to mention that he has two wives, as he cannot lie on the form (and if they learn that he is not telling the truth about his wives, it could cause the case to be denied). You really need to have a lawyer to help you with this, so the lawyer can research the law and make sure you are ok.

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immy July 6, 2015 at 5:50 pm

HI MR JASON

thanx for helping us here,need your help,i submit my asylum application in new york September 2013 after soon I got my finger prints notice,after I done my fingerprints I moved to Oklahoma,i got my interview notice in feb 2015 I done my interview march 2015,in may 2015 I again got fingerprints notice which I done on time,just afraid is that good sign or some thing wrong going on in my application,please waiting reply thanx

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Jason Dzubow July 6, 2015 at 10:21 pm

It sounds pretty normal. People often receive a second fingerprint appointment after the first fingerprinting expires (they are only valid for 15 months). I do not see this as a good or a bad sign. Good luck, Jason

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Kh-Homs July 3, 2015 at 12:14 am

Hi Mr. Jason,

thanks in advance for your great help, I have applied an asylum with my family on 19th of July, 2014 and we did biometrics two weeks after but I am still waiting for an interview notice, would you please do you have any clue what month and year USCIS are doining now.

thanks

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Jason Dzubow July 3, 2015 at 9:31 am

It depends on the office where you filed. Houston, TX is fastest – they are interviewing cases filed in May 2014, and Los Angeles is slowest; they are interviewing cases filed in 2012.

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Kh-Homs July 2, 2015 at 4:20 am

Hi Mr.jason
I applied for the asylum in July,19th, 2014 and Biometrics has done but till today I didnt get the interview notice.
do you know how long it will take to get the interview notice?
please note I applied from North Carolina city.
Thanks

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Jason Dzubow July 2, 2015 at 6:10 am

If you are in NC, your asylum office is Virginia. They are currently interviewing cases filed in August 2013, so you probably have some months to wait. Good luck, Jason

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Adriana Rossi July 1, 2015 at 11:00 pm

Hi,
This is a great website. I found a lot of information here. I mailed my asylum petition on my one year anniversary . Is there a way I can get a drivers license? The DMV office states does not want to issue a drivers license because the receipt indicates a date after my year in the U.S expired. I would really appreciate any information you can give me.
Thank you.

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Jason Dzubow July 2, 2015 at 6:04 am
E.M June 30, 2015 at 2:17 am

Dear Jason. Thank you for your great help of providing these valuable information about the much delayed asylum process. I and my wife ,who were journalists in our home , fled the country because of credible fear of torture and persecution . We are lucky to be here with our two children who are 8 and 7 years old. We have applied for asylum, but what made us worried is the backlogs and the pending cases at every situations in the asylum office. Both of us have no job due to lack of EAD. We are staying in our friend’s house for more than five months with out any income. Now we are in critical situation . what can we do to expedite our application process? Imagine the psychological torture we are experiencing here in the U.S.A.

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Jason Dzubow June 30, 2015 at 6:21 am

First, if you do work (illegally), it will not harm your asylum case. Second, you should be eligible to apply for the work permit soon – you can file for it 150 days after your asylum cases was received. Finally, it is very difficult to expedite a case, and most attempts do not work, but I have listed some ideas in a blog post dated February 26, 2015. Good luck, Jason

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Harke June 29, 2015 at 8:12 pm

Hi Jason ,

I’m asylum applicant . My case have been pending for the last 4 years. Now I’m eligible to apply for TPS ( Nepal). I was out of status for few years before I applied for Asylum. So, basically that “one year” situation was violated. Is it still risky to travel even after getting advance parole and travel documents. I heard some ppl saying, it is not advisable to travel because there is a risk that I might be denied re entry. Does staying out of status for a long period of time before filing for asylum or being granted TPS might hurt me while comming back?

Will be really grateful if u can share ur expertise here
Thanks

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Jason Dzubow June 30, 2015 at 6:17 am

If you have Advance Parole you should be allowed back, but there is a risk. You may not be able to board the plane back to the US or you may get detained when you arrive here and have to do your case in court. I am now sure how TPS will affect since you have been out of status for a while. There are many variables in a case like this and you would really need to speak with a lawyer about the specifics of your case before you travel. Good luck, Jason

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urki June 28, 2015 at 4:00 pm

Hi Jason,
I won the DV 2016 while my asylum application is pending. I 94 had expired at the time of application for asylum. It has been only one month since my application was received and three months since my i94 expired. Could anything good come out of the DV lottory in my case?
Thankyou

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Jason Dzubow June 28, 2015 at 10:13 pm

Maybe, but it would probably require you to leave the US and then re-enter, and if you have been out of status for more than 180 days, you will have a bar to re-entry. You really should talk to a lawyer about this – it would be worthwhile to talk to a lawyer because if you can take advantage of the DV lottery, it would probably be better than waiting forever for asylum. Good luck, Jason

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Nour June 25, 2015 at 12:42 pm

Hi Jason- thank you for this blog it is of great help! I am a dependent on an asylum application and i want to apply for an EAD. I am currently under L1 visa. do think issuing an EAD will affect my L1 ?
thank you.

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Jason Dzubow June 25, 2015 at 4:36 pm

I don’t do much with L-1 visas, but my understanding is that the visa is dependent on your job. Whether you can work in another job with an EAD, I do not know. I do not see why it should matter, as long as you keep your L-1 job, but I am not sure. Maybe talk to the lawyer who helped you with the L-1, as I think you need to know that before you apply for the EAD. Good luck, Jason

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Nour June 26, 2015 at 1:27 pm

thank you Jaso. one more question please, can I leave the country with my L1 and re-enter even if I have an ayslum application . will they deny me access if I have an asylum application on my way back .

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Jason Dzubow June 28, 2015 at 9:49 pm

It should be possible as a an L-1 is a dual intent visa and assuming the visa is still valid, but if the government thinks your plan is violate the conditions of the visa, they could deny you re-entry. You should talk to a lawyer about your specific situation to be sure.

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Nour July 7, 2015 at 12:56 am

Thank you . Would you know what year is the Chicago asylum office processing ?

Gerrard June 24, 2015 at 11:03 am

Dear Jason
I really thank you for helping us.
Here is my question.
I submit my asylum document before 130 days in Arlington. As I see the new statistics there are many interviews that are rescheduled by applicants. For instance among 365 interviews scheduled in March 66 of them are rescheduled by applicants. I heard the USCIS can call others for interview with a short notice in substitute of them. my question is
1) Do you think it is a nice try?
2) What additional documents should I add in addition to i-589?
3) Is there any impact to my normal schedule, if I called by USCIS with a short notice and missed it.
Sincerely
Gerrard

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Jason Dzubow June 24, 2015 at 1:05 pm

You can try the short list if you want, but you must submit all your evidence before (or at the same time) as you put your name on the short list. If you choose not to take an interview if they call you from the short list, there is no penalty. My experience with the short list is that it is not so helpful, but there is no harm in trying it.

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Sali June 19, 2015 at 1:23 am

Hi Jason,
I would like to know if it is possible for the spouse of the Asylum applicant who is included in the application and witnessed the persecution against the applicant, to act as an interpreter at the Asylum interview?
Thank you in advance.

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Jason Dzubow June 19, 2015 at 5:59 am

It is possible, I suppose, but it is a bad idea. It is much better to find someone who is not part of the case to act as an interpreter. The asylum officer will be more confident in the interpretation, which will be better for the case.

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hirut June 11, 2015 at 12:41 am

hi Jason, am an asylum seeker and right now i just appled for my first EAD and waiting on that. I want to attened a community college but the college is not sure if am eligible since i dont have any status. And also the work permit might take long time to arrive and i was thinking if i can get a F1 visa? and if i can, won’t that affect my asylum?

Thank you Jason God bless.

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Jason Dzubow June 11, 2015 at 6:25 am

The college should accept the EAD and allow you to study (though some schools do not, and I have never found a written rule about this). If you are still here on a valid visa (for example, if you entered on a B-2 and it has not yet expired – usually it expires 6 months after you arrive), you can try to change to an F-1. But if your period of stay has expired, it will be very difficult to change to an F-1. If you have to leave the US and return, that will be VERY difficult. You probably need to speak to a lawyer to help you be sure that you can change status.

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Ali A June 9, 2015 at 11:40 am

hi Jason,
I have a question regarding my TPS.
My attorney filed I821 and I765 in dec 2013. A few weeks later I got an EAD and an approval for the I765. However, I never received letter approving the I-821. Yesterday, I called the uscis line and they transferred me to an immigration officer who said that the application was approved and closed. However, as I mentioned, I never received an approval notice for the I821, and the online website says:
“Case Was Received At My Local Office
On July 29, 2014, we received your Form I-821, Application for Temporary Protected Status, Receipt Number *****, at your local office. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
Now, how do I know if the if it is pending or approved because this will determine whether I should re-register or not? I am thinking of re-registering anyway. Do you agree?

Thank You,

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Jason Dzubow June 9, 2015 at 2:42 pm

I think you should ask your attorney about this; I do not do a lot of TPS cases. If you are not confident in your attorney, you should find a new attorney. Good luck, Jason

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Ali A June 10, 2015 at 2:39 pm

Thank you very much. I discussed with my attorney and decided to refile. However, we both agree that this situation is truly bizarre. I am hoping that no harm will come out of re-registering even if my initial case is pending ..
The immigration processing machinery in the US is complicated .. Thank you so again for your help

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Jason Dzubow June 10, 2015 at 5:30 pm

I doubt there will be any harm, but they may reject the second filing if they already have received it. You might also want to file a FOIA (Freedom of Information Act request). That is what we did, and we received proof that the case was filed.

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mena May 24, 2015 at 12:57 pm

hey jason , i am renewing my ead , do i have to include biometrics fees (85$) with the application fee or no ? do they make you do biometrics again including that i did mine last march ?

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Jason Dzubow May 24, 2015 at 9:51 pm

I believe the fee for an asylum EAD renewal is $380. Double check the USCIS website to be sure.

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mena May 25, 2015 at 10:29 pm

yup , but do you do a new biometrics for renewal or no ? i did mine for i589 in march 2014. thank you alot

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Jason Dzubow May 26, 2015 at 6:40 am

When you renew the EAD, you do get a biometrics appointment before the card is issued.

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John May 23, 2015 at 11:36 pm

Hi Jason. Thank you for all the information you provide to us. I have a question regarding where to file for asylum. I live in Nebraska, but I would like to be interviewed in Arizona or Texas since I heard it is quick to get an interview date there. Is it possible to be interviewed in Arizona If I live in Nebraska? How would my case need to be filed?
Thank you.

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Jason Dzubow May 24, 2015 at 7:33 am

You have to give the asylum office your address and they assign you to an office; you do not get to choose. Of course, you can choose to live anywhere you want, so you can live in an area that interviews in Texas (which is the fastest office right now). You can Google “asylum office locator” and then look up your zip code to know which office will interview you. Be careful, though, as the fastest office (Texas) does not necessarily have the highest approval level.

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Salem May 12, 2015 at 11:16 pm

Hi, Jason how long does it take to get you work permit, once you applied for a EAD. I. on apending asylum l.Thank You Sir.

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Jason Dzubow May 13, 2015 at 6:19 am

If it is your first EAD, it usually takes 1-3 months. There have been delays for renewing EADs, and it can take over 4 months. For renewals, you can file 120 days before the current card expires, and I recommend that you do that.

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salem June 30, 2015 at 11:54 pm

hi jason 1st after i applied for my first EAD, i got a mail which says my work permit is processing then i got another notice which says my work permit is approved its just a notice that says my EAD is approved i didnt get any Card or anything with it so im just worried that they might didn’t send it or does it come after the approval notice or is this the actual EAD?

Thanks God bless

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Jason Dzubow July 1, 2015 at 5:28 pm

It often takes a few weeks from the approval to the actual card. If you have not received it, you can try calling the 1-800 number on the receipt. Maybe, just maybe, they can help.

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r May 11, 2015 at 2:58 pm
r May 4, 2015 at 9:33 pm

http://www.visalaw.com/ins-issues-peak-at-asylum-application-statistics/

statisitics for oct, 1997. just dug out of some online links. Backlog is a part of uscis working habit.

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Ella May 4, 2015 at 4:12 pm

Hi Jason- as a dependent( wife ) of an asylum applicant, would I be eligible for a work permit if the application processing is still pending and it has been more than 180 days ? thanks

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Jason Dzubow May 4, 2015 at 5:18 pm

Yes – as long as you were included in the case (meaning, you signed page 9 of the form I-589 and included your passport photo).

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Ella June 17, 2015 at 9:21 pm

Hi Jason,
I’ve successfully been able to add my name onto the pending asylum application of my husband.
His application has been pending for more than a year (since June 2014). He is eligible for an EAD of course.
I am also eligible for an EAD immediately or does my 180 days period constitute a separate clock?. And if so should I apply under the same category (c)(8) for question 16 of the I-765 form ?
.
P.S: It was not possible to add a signature to the asylum application at this point since it has been filed last year. however passport photos and and personal photos were collected by out attorney and sent in. (mind you that our attorney specializes in asylum cases). However he didn’t point out any distinctions and he said that I should able to obtain and EAD as well.
Thanks.

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Jason Dzubow June 17, 2015 at 10:42 pm

Our clients who were added to the asylum case were able to obtain the EAD immediately. It should be under the same category for the principal applicant and the dependents. Take care, Jason

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Igor May 4, 2015 at 1:52 pm

Hi Jason,

Thank you for all your help. I would like to ask you a question as well. I have been in US for the past 4 years and have only now decided to seek asylum. I was in the legal status all the time. I have 3 months left on my OPT.
1. How chances of positive outcome change when simply not applying within 1 year deadline? As I said, I maintained my status and had no reason to fear the return as long as I am in US.
2. How likely a new application to be selected for a normal processing time and not being sent wait in backlog?

Thanks,
Igor

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Jason Dzubow May 4, 2015 at 5:13 pm

You will go to the backlog if you file now, as everyone goes to the backlog. If you are still in status, it is generally considered an excuse to file outside the one-year filing period for asylum. You should talk to a lawyer about your specific situation just to be safe – the one year bar is a big problem for some people and you need to be careful about that.

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