Jason 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
Hi Jason,
I hope you will be fine and healthy by the grace of Almighty,
My question is, in the determination of an asylum applicant, who’s decision has more power, an asylum officer or a supervisor? And if an asylum officer during the interview determines that credible fear for an asylum applicant is being established so can a supervisor decline the decision and deny the applicant for asylum?
Regards
The Asylum Officer makes the decision, but has to write up the decision and the supervisor needs to approve that. If the supervisor does not approve, they can require the officer to re-do the decision or re-do the interview. I think the question of who has more power is not possible to answer, as I suspect it depends on the supervisor and the officer, and I also imagine that most times, the officer’s decision will be approved by the supervisor. Take care, Jason
As always, you are here to help our community, GOD BLESS YOU
Hi Jason,
I hope this message finds you well. I wanted to extend my gratitude for all the incredible work you’re doing.
I have a question regarding a situation involving a friend of mine who is a granted asylee. Recently, he requested expedited processing for his Green Card application due to travel-related reasons. However, he received a surprising response stating that his Green Card couldn’t be expedited because his Employment Authorization Document (EAD) has expired.
My understanding was that possessing an EAD is an option rather than a requirement for granted asylees. Could you shed some light on this matter?
Best regards
I do not understand that message either, and I do not see why the EAD would have anything to do with the GC. Maybe he wants to apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov), as that is probably easier to expedite than a GC (not easy to expedite, but easier). I wrote about expediting in general on January 29, 2020 and maybe that would help. Take care, Jason
But is a granted asylee required to have an EAD to work?
It is not required (see http://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees), though it does make life easier, since employers and the DMV often want to see an EAD. Also, the first EAD based on asylum granted is free, so there is no reason not to apply for it. Take care, Jason
Greetings Jason,
I am on pending asylumn since 2017, was just granted TPS last month, recently applied for EAD renewal based on C08 category. Just received news from my job that they could sponsor me for GC if that will be ok for me. Of course I would love it. After checking requirements online you need passport for that visa and the one I get from home country is expired since 2022. What are my chances of success innregards to to my current situation. Have you ever heard or deal with such case. Please help.
Thanks for helping an anxious soul.
The EAD Renewal based on pending asylum I just applied for last month is still pending.
You will need to talk to a lawyer about the specifics of your situation, but there may be a path for you. One option may be to adjust status (get your green card inside the US) based on the fact that you are here lawfully with TPS (if you only have a pending asylum case, that is probably not an option). Another possibility is to get Advance Parole based on TPS (AP is permission to return to the US if you leave), leave the US, process the green card at an embassy overseas, and then return here with the GC. You would want AP, so that if something goes wrong, you will still have a way to return here. I wrote more about this on August 28, 2018 and September 6, 2018, but again, you would want to talk to a lawyer to map out the specifics, as there may be other options, or in some cases, it may not be possible to do either of these ideas. Take care, Jason
Thank you for your prompt response Jason, but Advance parole will be of no help for me since my passport is expired and cannot renew from country of persecution; thus will not even be able to leave the US. I feel at lost here. Will find a lawyer to talk to.
You may be eligible to get the GC inside the US based on your TPS status. If so, you could probably do that without a new passport. But do talk to a lawyer, as it would be good to have specific advice about your options so you can make the best decision. Take care, Jason
Hi Jason, Can you please explain the advantage of applying for TPS while on a pending asylum case? Does it help or not? If so how?
The main advantage is that it is easier to get permission to travel (Advance Parole) if you have TPS. For people with asylum, they have to show a “humanitarian” reason for the travel, which USCIS does not always accept. For people with TPS, they are eligible to get AP for any reason. Also, if you have TPS, and want to adjust status (get a green card inside the US) based on a job or marriage to a person with a green card, it may be easier to do that if you have TPS. In terms of day-to-day life in the US, working, having a driver’s license, etc., I do not think that TPS makes much difference if you already have a pending asylum case. Take care, Jason
Hi Jason,
Is applying for TPS only restricted to people from certain nationalities, or can anyone with pending asylum apply for TPS?
Secondly,can i obtain an immigrant visa after returning to home country COP and withdrawing my pending assylum application?
Thanks.
1 – It is only for people from certain countries. You can Google “TPS USCIS” and find the list. 2 – You can, but you may need a “waiver” if you have an immigration violation, such as unlawful entry, overstaying the visa before applying for asylum, or criminal convictions. If you have such “sins,” the fact that you previously applied for asylum should have no effect on an immigrant visa application (though it likely will make it more difficult to get certain non-immigrant visas, such as B or F). Take care, Jason
Hi Jason appreciate what you do to help others, I am an asylee, and I am dependent, the principal asylee has political issues from the country he fled from, I and my children wants to go back to the country which he fled from for visit by refugees travel documents ,we also applied for LPR,how likely the DHS are going to deny reentry to US?Do you know any case that denied reentry and how will lawyers help if reentry is denied? Thanks
If you have a valid RTD or green card, you should be allowed to re-enter the US. However, the trip could raise suspicion, since you have asylum from that country. Asylee dependents should be able to travel to the home country and return with no issues, since you are a dependent and it was not your case. The concern is that the immigration officer will not know the law, and will be suspicious that you went back. You should have access to proof that you were the dependent and not the main applicant (maybe you can save documents about that in your email, so you can get it if you need it). You should also be prepared to explain why you returned and that the danger was to your husband and not to you. Also, if your husband’s case said that his whole family is in danger, you should be prepared to explain why you returned and how you stayed safe. Take care, Jason
Hi Jason,
What is “I am willing to proceed with a Matter of FeFe proffer and defer to the court.” Means ?
If everyone (DHS, the judge, you) agrees that your testimony will be the same as in your written statement, you can be sworn in, and then testify that everything in your application is true. Once that is accepted, the judge can issue a decision based on your sworn promise that your application is true. Usually, this is a good thing and it means the case is being granted (we had that happen just the other day, so that was nice). The BIA cases called Matter of Fefe sets forth this requirement. Take care, Jason
Hello Jeason
Am approved asylum , my wife and 2 daughters are green card holder and i have 2 more kids us citizen by birth, am in process of divorce, and i want to cancel my wife green card i have letter from her written by her hand she lied to immigration give them faults to information. If I submit that to uscis will be a good reason to deport her from us ??
I would be careful about that, as it could come back to harm you (not to mention the children). If they think she committed fraud, that could affect you by causing USCIS to think that you committed fraud as well. Also, once she has the GC, I imagine it will be difficult to get her deported on that basis, as you do not have any right to cancel her card since she is no longer your dependent. I guess if they believe she committed fraud, that could cause them to reopen her case, but I would not be surprised if they reopened all the related cases as well. Take care, Jason
It pains me to hear this. No matter what you are going thru now for the sake of those kids and the reason why you got married, pray God to appease your soul and find peace then try to cope until you get your citizenship then you can peacefully part ways with the mother of your children. After love it should not be war. Even if you are the one by whom she got that green card you must take it back just for show and ego, especially that it will certainly harm you back via boomerang effect. Be wise, listen to our dear Jason and find inner peace to love yourself, you deserve better.
Well said. Thank you, Jason