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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

 

 

 

 

 

 

12,589 comments

  1. Hi Jason,
    I have entered on Oct 19, 2016 to US and I do have six months valid US visa, so should I file assylum now or should wait for my visa status to get expire and file after that, what is more safer way.

    Thank you

    Reply
    • I doubt it makes much difference. If you apply soon after arrival, sometimes the government believes you lied on your visa application (you said you were coming to visit, for example, but really you planned to seek asylum). In reality, this is rarely a problem, but if you are concerned, you can talk to a lawyer about your specific situation. Take care, Jason

      Reply
  2. hi Jason,

    Greetings !!

    I applied for my EAD card, hope fully I get it in time frame, once I get I can get driving license, social security and able to open bank account etc, my question is that can I able to transfer money to my family in India via western union or bank to bank transfer etc, Is there any problem with my asylum case as I am earning money here and sending money to my family, as they don’t have any income source there, so I have to send them money for routine expenses, kindly advise if any negative impact on my case and to my family too,

    Warm Regards
    Dev

    Reply
    • I do not know the details of your asylum case, and so I do not know whether that would be a problem (for example, if you fear your family will harm you, and you are sending them money, that might be a problem). However, if your fear is unrelated to your family, it is probably fine. Take care, Jason

      Reply
      • hi Jason,
        Thanks for feed back, I would like to draw your kind attn. that my case is regarding harm by opposite political party, not by family, so I understand that its not problem to send money to my family for routine expenses, and its also not problem for my case???

        Kindly confirm ???

        Warm Regards

        Reply
        • It sounds like it is not a problem, but again, since I do not know your case, I cannot “confirm” for you that it is not a problem. If you are worried about this, talk to a lawyer who can understand all the details of the case. That is the best I can tell you. Take care, Jason

          Reply
  3. Dear Jason,

    I was granted asylum in summer 2015 and filled I-485 two months ago. I made mistake filling adjustment of status form that I accidentally indicated NO on form I-485 Part 3, Question #1(b)-Have you EVER been arrested, in or outside the USA. However my answer contradicts the information I provided before in the Application for Asylum Form. But now I got RFE from USCIS asked me to submit explanation and arrest record. Can you help me how I could explain them that was a mistake? Can I ask them to correct it? Thank you for your usual support of people who are really in need!

    Reply
    • You may want to hire a lawyer to help you, but you should submit the arrest record writer an explanation about why you made the mistake (maybe you did the form yourself and you did not read it carefully, or your English is not so good – whatever the explanation is). When you explain such mistakes, it usually works out alright. Take care, Jason

      Reply
  4. Hey Jason.

    First of all, thanks a bunch for answering these question.

    I applied for asylum on 2013 and after years of waiting, my case was referred to the judge a couple of month ago.

    I do think the officer was biased…

    My lawyer has asked the judge to postpone my hearing so we could find a translator. The judge approved the request.

    However, my work authorization will expire very soon. Do you think they will freeze my clock due to requesting continuance to find a translator, thus deny renewing my work authorization?

    I asked my attorney and she said the following, “you hit 180 days a long time ago, so even if the clock stopped you are able to renew your work permit.”

    She’s great at her job but i need reassurance, please help understand.

    Thank you in advance.

    Alex

    Reply
    • Once your clock reaches 180 days, you can renew the EAD even if you cause a delay, so there should be no problem with your work permit. In other words, your attorney is correct. Take care, Jason

      Reply
      • Thanks Jason. <3

        Reply
      • One quick,additoinal question.
        I read online that USCIS will be granting two year EADs to pending asylum seekers. I have been referred to immigration court. Do I still qualify for the two year EAD extension.

        Thank you Sir.

        Reply
        • If your case is referred to court, you can renew your EAD. When you do, it should be valid for two years. Take care, Jason

          Reply
  5. Sir how r u
    I apply the asylum how I know my current living address

    Reply
  6. Hi sir how r u
    I want know how I check my current living address

    Reply
  7. Hi Jason,
    Have you checked the last update for the asylum schedule bulletin For NY last month it was showing that in September 2016 they were interviewing the people who filed in November 2014 and now they but agian september 2016 in stead of showing who are they interviewing in October and they are interviewing september people and also for the other offices it looks so weired. Do you think there is a mistakes or they sometimes go back for some missing case and this happens in most of the offices

    Thank you

    Reply
    • They updates are not as regularly as maybe they should be, but probably they will add the October numbers soon. I think it take a few weeks after the month ends for them to gather and post the data. Take care, Jason

      Reply
      • Thank you for your respond to my inquiry . You are right they dont update regularly but what i ment that last month they said for september 2016 they working on cases filed on november 2014 and they update the scheduale few days back repeating the same month september 2016 but said they are working on cases filed on september 2014 so that means they go backward not forward
        Thank you again for everything

        Reply
        • Yes, I see the same thing, I didn’t see any update for October,however, it says last reviewed/ update 11/03/16
          just wondering are they busy at voting or what.. hah

          Reply
        • I did not notice that. I do not know why. Maybe they missed some cases and then went back to work on them?

          Reply
  8. Hello Jason,
    I came here in September and apply for asylum. I already got confirmation letter and give fingerprint. I have a 5 years and 3 years daughter with me. while we were in our country my kids have a nanny and she live with us more than 3 years. My 3 years old daughter she was so attached and currently she missed her so much asking me when she is coming? she will cry the all day, lose her appetite, start using diaper, etc. I try so many things to make her happy but none of my method is not working. please is there any means I can bring their nanny here while I am filing asylum? thanks in advance

    Reply
    • As far as I know, she can come here only in the normal ways – she can come here on a B visa. Maybe she can come here on a student visa (F-1). I do not know whether she can come here on any type of work visa. I recommend you talk to a lawyer who assists with non-immigrant visas. I do not do those, and so I am not a good resource for this question. Take care, Jason

      Reply
  9. Hi Jason – I am Syrian and I am on tps and I have an asylum application . I want to exit the country ( not to Syria ) . Do you think I can exit and return on a parole ?
    Thank you

    Reply
    • You can apply for Advance Parole, which gives you permission to leave and re-enter. The form is the I-131, available at http://www.uscis.gov. If you are concerned about re-entering due to prior immigration problems or arrests, you should talk to a lawyer before you travel. Take care, Jason

      Reply
  10. Just an update. I wrote to the Newark Asylum office to ask about short-notice list there and they replied like this.

    Yes, the Newark Asylum Office does have a ‘Short Notice’ list and an ‘Expedite List’. For a request to Expedite, you must submit supporting documentation to your request in order to verify the need for an expedited interview.
    To submit a request to be added to our ‘Short Notice’ list, our office requires that the request be in writing (either by fax, mail or e-mail) and the request in writing must include: your full name, your address, your alien registration number (or A-number), and a brief reason why you are requesting to be added to the ‘Short Notice’ list. From there, your request will be submitted for review and you will be contacted regarding the outcome.

    I know that for Arlington office, we have only to fill a form and send to them. But Newark office also requires a reason to be added to the short-notify list thought not as strict as Expedite List. For Expedite, acceptable reasons are pretty clear from the internet and it needs strong documents. But for the short-notice list, I am a little confused because I don’t have anything to support that I need to expedite my case, I only want to try my luck with short- notice list. what kind of reasons may be useful to write when I submit that request? Thanks in Advance.

    Reply
    • Interesting. Maybe it is just a formality, but it seems you can give lots of reasons: Separation from family, inability to get a job or go to school, stress over the wait, inability to travel. Maybe something like one of those would work for you? Good luck and thank you for sharing the info, Jason

      Reply
      • Its the same case here in Chicago. You have to give a reason to go on the short notice list.

        Reply
        • is it as strict as the Expedite List?

          Reply
          • Apperently yes.

  11. Hi Jason, I did some research on EAD processing time and want to share what I have found here ( others can estimate how long it takes for EAD). USCIS website provides current EAD processing times for 5 service centers and it seems pretty accurate. all the service centers ( except Vermont) takes 3 weeks to process asylum EAD applications now. Only the Vermont service center is taking 3.5 Months now! other types of EADs (such as H4 and, F2 J2 based) are also quite long here, normally takes more than 3 months. last months, they started to transfer the H4 based EAD cases to Nebraska service center and prople reported that it is taking more or less 2 months there after the transfer. My wife’s j2 based EAD card took surprisingly less than 2 months in July 2016 and I just found out that it was processed not by Vermont service center but Potomac center in VA. Then, from USCIS website, I found out that Vermont service center started to transfer some of its F2 and J2 based EAD cases to Potomac service center in March 2016, that is why my wife’s EAD application is processed in Potomac. USCIS website also show some asylum EAD applications were tranfered to Nebraska service center in December 2015 and I believe things may went a little faster there by that time. considering that all other offices are spending only 3 weeks for Asylum EADs and only Vermont is struggling with 3.5-4 months, I think it is time for them to transfer some Asylum applications to other offices now. Thins may get faster a little bit in the nest few months. Hope so!

    Reply
    • Thank you for this. I am always a bit suspicious of the posted processing times, but it is helpful to see all this information here, and maybe it is more accurate than I think. Now that EADs will be valid for 2 years, I am hoping that processing times will decrease (since USCIS will only be processing EADs every 2 years instead of every year, they should have less work to do). We will see. Take care, Jason

      Reply
      • Yes, It is a great relief to see EAD validity increased to 2 years, just as you suggested in you previous posts. But I think we may not see its effect on the EAD processing time before next October, because it only applies to the applications filed after October 5, 2016. So the ones applied before October 5 still has to renew their EADs in one year.

        Reply
        • That is correct – or at least until next summer when people who got the EAD in October need to renew. Anyway, whenever there is a bit of positive news, we need to celebrate, since it is a rare event.

          Reply
  12. Hello Jason, i ave valid reasons to seek asylum, am gay from uganda, however i have a sickle cell disease and i dont know if i can get access to medicare or access to a hospital when i need one when i dont have a legal status yet. Do asylum seekers access hospitals.
    Thank u

    Reply
    • In general, the government does not give health insurance to asylum seekers. If you go to a hospital, generally, they cannot turn you away for an emergency, but that may not be sufficient to get the treatment you need. Maybe there is low-cost medical insurance available, but I do not know about that. If you contact Catholic Charities (there is usually an office in every major city), they may know more about this than me. Take care, Jason

      Reply
  13. hi Jason,

    for asylum, if birth certificate not available, so school leaving, government id, marriage certificate etc, is use as alternative, to support asylum case and while filing GC
    thanks

    Reply
    • For asylum, we use all those types of documents. You should be able to use them when you apply for a GC as well. Take care, Jason

      Reply
      • Thank you so much Jason,

        I really appreciate your blog service from bottom of my heart, thank you very much Jason, grate job,

        thanks

        dev

        Reply
  14. Hello Mr. Jason
    I am in a serious situation and wondering if you can provide me some suggestions on my case.
    I had my asylum interview on May, 2016 and I received NOID. As mentioned on NOID, I provided rebuttal with all the evidences. After few months, USCIS sent me a letter of Final Denial. I was in TPS while I had my interview, and I was returned to my TPS status.
    On my rebuttal, I explained and provided all the documents that the officer was unclear during the interview. Despite of all these, I received the final denial letter. I am not satisfied with the explanation the officer has provided on my letter. Since, I was in TPS, I was not given a chance to appeal to immigration judge. I was wondering if there is any way I can appeal my case to court.
    Also, I would like to consult with you in person, if my case seems discussable to you.

    Thank you
    Krishna

    Reply
    • It is possible to request that the Asylum Office reconsider a decision, but the standard of review is very high, and my experience is that this is a waste of time (though I do know that in some cases, it does work). It may also be that too much time has passed even to attempt that (depending when you got your denial). In general, the only thing to do is to re-file for asylum or find some other way to remain here. You can consult with me on this if you want, but I doubt I can tell you much more than I am telling you know. If needed, my email is Jdzubow@Dzubowlaw.com. Take care, Jason

      Reply
  15. I want to get baptised but the scene here in INDIA is quite scary….for converts to CHRISTIANITY from HINDUISM especially if you are from the hindi speaking areas.Besides,I am a WRITER and somewhat a LONER.Do
    I stand any chance of getting asylum?

    Reply
    • No you don’t. When 24 million indiands are Christians in India (Statistic easily findable on the internet), I think they are pretty safe.

      Reply
    • Maybe – but probably you would need to show that you have a specific threat against you (from family, extremists, the government). Also, if you fear harm from someone other than the government, you need to show that the government cannot protect you, and that you cannot relocate within India and be safe. Take care, Jason

      Reply
  16. Hi Jason. Thank you so much for your wonderful information on this website. I and my wife (based in Delaware) just placed our asylum application to Newark New Jersey office. Today we received our finger print notice sent from Vermont Service center. When we apply for EAD in five months, do we have to send the application to Vermont service center or Texas service center. From USCIS website, it looks like eastern coast applicants mostly send to Texax service center. (https://www.uscis.gov/i-765-addresses). When my wife applied for a J2 visa based EAD a few months ago, she sent the application to Texas service center and she got the card in 2 months. I think Texax service center is a little faster than Vermont service center in terms of EAD processing. Thanks in advance for your response. Have a nice weekend.

    Reply
    • a follow up for my question above: if you check the USCIS website for EAD filing address, they now have only two addresses. Phoenix address for Western Coast and Dallas-Texas Address for Eastern Coast. Vermont is not list there any more. According to this website again, current processing times for Asylum based EAD is only 3 weeks in Texax center, but in Vermont, it is 4 month! Since my wife was able to receive her J2-visa based EAD from Texax service center, I am hoping we can avoid Vermont service center this time also.

      Reply
      • It is not up to you – you have to file it at the appropriate office, whichever one that is.

        Reply
    • EADs are sent to different places depending on where you live and the basis for the EAD. You would have to check the instructions for the I-765 to get the address, as I cannot give that type of specific advice here. Take care, Jason

      Reply
  17. Hey Jason, Does Newark(NJ) office has asylum short-list? It looks like only Arlington office has short-list information on the internet. Do you know any other office that has this kind of short-list?

    Thanks!

    Reply
    • Each office is different. I think NJ has a short list, but I am not sure. You can contact them and ask them. Their contact info can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  18. Hi Jason

    Thank for all your efforts and the advise. I’m a bending asylum case waiting for my interview and due to health issues and to complete my treatment abroad I filed for advanced parole and received it today and its valid for 2 months and already 10 days passed from the allowed period and what i need to inquire about 1) can I extend it to finish my treatment or enter after the date they gave me to enter the state. 2) their is some notes on the parole saying that the re-entry to the state subject to many conditions seems to be like its very difficult to be allowed to enter again is that possible.
    I really have major health issues and I need to go but at the same time I don’t want to abandon my case here after reaching this far I’m one year applicant in NY and I got my EAD a few months ago , got my driving licence , have job offers and my interview is not far from now.
    Please advice me

    Thanks and I really appreciate it

    Reply
    • 1 – I do not think you can extend Advance Parole, but I am not sure. Maybe you can contact the US embassy in the country to ask. 2 – In general, it should not be a problem to return. But if you have had criminal or immigration violations in the past, then you might have trouble. If so, you should talk to a lawyer about the situation before you travel. Take care, Jason

      Reply
  19. hi Jason,

    Greetings !!

    I file my asylum case and my time to apply for EAD in next week as 151 days over next week, once I get my EAD, can my wife and my son re apply for visitor visa in Indian embassy, how much chance to get visa for them, or any other alternative to meet my wife and my 6 years son, as I miss them a lot, time is very crucial for me and them kindly advise,

    warm regards
    bapu

    Reply
    • They can apply at any time, but the fact that you filed for asylum will probably make it more difficult for them to get a visa (I did a post about this called “Family Members of Asylum Seekers – Beware!”). You can apply for Advance Parole (form I-131, available at http://www.uscis.gov) to get a travel document, and then you can travel to meet them in a third country (not the country where you fear persecution). You might also try to expedite your asylum case. If you can finish the case sooner and receive asylum, they can come join you in the US. To expedite the case, contact your local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Hi Jason

        Good day !!

        Thanks you very much for your valuable guide line, one more ? if I get advance parole and visit 3rd country, is there any problem at custom border while I come back on my parole,

        Thanks & Regards
        Bapu

        Reply
        • There should not be. However, if you have had criminal or immigration violations in the past, then you might have trouble. If so, you should talk to a lawyer about the situation before you travel. Take care, Jason

          Reply
          • hi Jason,
            Thanks for your valuable feedback, I hope to file asylum not consider as immigration violations?? am I right ?,

            Thanks

            Bapu

          • You are right. It is perfectly legitimate to file if you fear return to your country. That is why it was created. Take care, Jason

  20. Dear Jason,

    My husband applied for his assylum case in January 2016.
    He lives in Ohio. He still hasn’t received his first interview date yet. Is there a fixed date that he will receive it? If he wants to apply for your services as a lawyer, can you do anything to expedite his interview date?

    Thanks in advance.

    Reply
    • She should not have to wait 180 days for the EAD. However, it can sometimes take time to add a person to your case. Contact your local asylum office and they should provide you with the procedures to add her to your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  21. Hello Jason, Greetings.
    I got my EAD a couple of weeks ago. My wife has B1/B2 visa and she just came to US one week ago. I want to add her under my application.Does she have to wait 180 days to get EAD? Please kindly advice.

    Reply
  22. Jason,
    Greeting and thank you for your swift informative guidance. I am posting the following question for your clarification. If I tried to expedite my case and failed to get the response , will have any negative consequence on future credibility of my case ?
    Once again thank you for your time.
    cheers

    Reply
    • Unless you said something in the expedite request that contradicts your asylum case, I do not see why it would affect your asylum case at all. If you did not hear back on your request, you can follow up with the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  23. Hi Jason,
    I have applied for asylum in December 2015 along with my 3 years of son. My husband lives overseas and Since he have some medical issues (diabetic) is it possible to expidite my case?
    Thanks in advance

    Reply
    • You can try. Submit a request to expedite with the local asylum office. Include evidence of your husband’s medical condition. If you need contact info for the asylum office, follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  24. Hi Jason,
    I have given my biometrics for asylum and applied for asylum in september end. Can I start to prepare for car driving exam written and give so that once my EAD comes I can give my practical test and get a car. Is it possible to apply for written exan for driving ? Thanks in advance.

    Reply
    • As far as I know, you should be in status in order to take the written test in most states.

      Reply
    • I do not know. You would have to ask the state DMV where you live. Typically, you need the EAD for the license, but I do not know about the learner’s permit or other preliminary steps to get the license. Take care, Jason

      Reply
  25. Hi Jason,
    I received my finger print notice with misspelled first name on finger print form. the name on the asylum application receipt notice was also misspelled. I have already wrote to Asylum office to correct this error. but people say this correction may take weeks. But the deadline of fingger print is just in 10 days. Do you think USCIS office will allow me to get finger printed with the misspelled name on the FP form? If I reschedule my FP date, will it stop the clock for my first EAD? thanks for your kind answers!

    Reply
    • You should be able to get fingerprinted even with the misspelling. I recommend that you do that. If they refuse to fingerprint you, ask to speak to a supervisor. Take care, Jason

      Reply
      • Thank you very much for your kind response Jason! God Bless You!

        Reply
      • Hello Jason. just an update. I did the finger print today. They didn’t mention the misspelling of my name. Probably they didn’t look very carefully. I guess they just inserted my fingerprints to the system just using the receipt number.

        Reply
        • They do not check such things very carefully. I recommend you contact the local asylum office and try to get it corrected. Their contact info can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

          Reply
  26. Sir, i am from pakistan. I have b1 b2 visit visa. I want to claim asylum and want to be your client. I want to discuss my case with you before i come to the state. What is your contact number . ?

    Reply
  27. IF I CANCEL MY ASYLUM CASE AND LEAVE AND GET SELECTED FOR DV LOTTERY, WOULD I BE TURNED DOWN?

    Reply
    • It depends on your case, so I cannot tell you. The chances of winning the lottery are not so good, so it is a risk to leave and try to return here that way. Maybe you can try the lottery, and them if you win, talk to a lawyer to see whether you can get the green card (usually by leaving the US and getting the green card at an embassy overseas). Take care, Jason

      Reply
  28. Hi Jason,
    My father applied for asylum in CA(he did fingerprinting there) and recently he moved to VA. As soon as he changed the address the interview was scheduled. When he got to the interview they asked him to do fingerprinting just because it has been more then a year since he did in CA. Right next day after the interview he did fingerprinting. Do you think doing fingerprinting after interview might delay for him to get the decision? Were there any situations like that before?

    Reply
    • It is a common situation. I do not think it will cause a delay, but delays are common for everyone after an interview, so he might have a delay anyway (whether that delay is caused by the fingerprints, I do not know, but I doubt it). Hopefully, he will get a good response soon. Take care, Jason

      Reply
  29. Hi,

    I applied for asylum and I have My EAD now. I am about to marry my bf who is Non-US citizen. I want to add him to my application. Would he get the work permit right away or he would have to wait another 180 days to get the work permit?

    Reply
    • He should be able to get it right away, but it does take time for USCIS to add him to the case. You can contact the local asylum office and they should be able to give you the procedure to add him to your case once you are married. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • thankyou so much 🙂

        Reply
  30. Hi jason,
    Its been 180 days and I haven’t applied for my EAD yet,
    My question is that i want to move to California,
    •can i apply my EAD in California?
    •can i change my adress after reaching in California?
    Thank u soo much for your help.

    Reply
    • Yes and yes. You are supposed to change your address wishing 10 days of moving. Take care, Jason

      Reply
  31. Jason, Iam wondering how long I’m going to have to wait to be called for my asylum interview. Iam in Buffalo New York and I applied at the Newark office. Newark is now interviewing those who applied in November 2013 and I applied in August 2013.

    Reply
    • They do interviews in Buffalo, but it is probably on a slower schedule than Newark. How much slower, I am not sure. I suppose you can contact the asylum office in NJ to ask whether they have an estimated wait time. I do not know whether they will respond, but you can try. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Thanks Jason. Let me contact the NJ office. Will let you know what they say.

        Reply
      • Thanks Jason. Let me contact the NJ office.

        Reply
  32. Hi Jason,
    I just received my asylum receipt notice 10 days after I place the application. However, they miss spelled my name on the receipt notice. I have a full complete copy of my asylum application materials at hand. I double checked them and there is nothing wrong with my name in all the documents. Do I have to notify them about this error by writing to the asylum application address or there is a way to make a phone call to them fix the problem? thanks!

    Reply
    • I recommend you contact the local asylum office about the error. You can find their contact info if you follow the link at right called Asylum Office Locator. You should try to correct this now. If you don’t it will lead to other problems – like when you apply for the work permit in five months and your name is different than on your asylum receipt. Take care, Jason

      Reply
  33. Dear Jason, i would like to ask some thing if you could pass me the currect information as you can pls.
    I am Afghan but Permanent residence of Germany, i have worked for US Specail Forces and some missions with Canadian TF in Afghanistan Kandahar city where canadian army was deployed.
    I got seriuos threat there for i flew to germany, but the life is too hard here as their language and other system.
    I am coming to Canada for visit visa, but as i been there , then can i file a case for asylum in Canada due to my job with ISAF Forces in Afghanistan and canadian?

    I have very good contact still today with U.S Generals and other Commanding officers where i have worked with them in Afghanistan. Their documents are with me and they will suport me as well in Canada if the canadian immmigration wanted any thing else.

    Reply
    • I do not know about Canada, as I am in the US. I suspect you would have a strong case, but that is really just a guess. I recommend you contact a lawyer in Canada before you go there to get a better idea. Plus, the fact that you are coming from Germany may be a factor – in the US, it is not a major factor, but it is relevant. I do not know the law in Canada, and I do not know whether that will be a problem for you. Take care, Jason

      Reply
  34. I came with an f1 visa but circumstances forced me to not be able to pay for school. Now my aunt who works immigration applications convinced me to apply for asylum on account of what is happening in my home country Ethiopia. I am currently one month into my asylum claim but I hate being here and I want to go to school and that won’t happen for years now. I was misinformed. I want to go home but I know I won’t be admitted back. My question is is it always a permanent ban for those that leave while they’re asylum is pending?

    REPLY

    Jason Dzubow October 20, 2016 at 6:37 am
    You can contact or go to the local asylum office and cancel your case. You can find contact info for the local Asylum Office if you follow the link at right called Asylum Office Locator. If you cancel the case, you will not be blocked from returning here. However, it will probably be more difficult to get certain types of visas to come back. Take care, Jason

    This is what i was referribg to. What certain types of visas would that be?

    Reply
    • It should not be more difficult to get an H1b visa or an L visa (G or A should not be a problem either), for example, but it might be more difficult to get most other types of visas, like the B or F.

      Reply
  35. What type of visas specifically? Thank you by the way

    Reply
    • I am not sure what you are referring to, sorry.

      Reply
  36. Hi dear Jason,

    I was surfing in this web:https://www.uscis.gov/sites/default/files/USCIS/Resources/F1en.pdf
    under Case Status Questions: there is this sentence
    “• Processing Times: Applications are processed by visa preference category in the order they are received.”
    here is my question. My spouse entered the USA with transit visa and applied for asylum since October 2014. Do you have an idea about the visa preference category?
    what could be the humanitarian reason which you can use to expedite the case?
    I hope USCIS will nor wait until a family member get in coma to expedite the case!

    Reply
    • Visa preference categories have nothing to do with asylum. The most effective way to expedite a case is if you can show them that you or a close family member has a health problem, and that resolution of the asylum case will help with the health problem. For this, you should get a doctor’s note and/or other medical evidence. The next best reason is to show them that you have family members in danger overseas. You need evidence for that as well – affidavits, country condition information, etc. In our office, if they agree to expedite, they schedule an interview usually in 1 to 4 months, or so. But the clients often still have delays after the interview due to security background checks. Good luck, Jason

      Reply
  37. Hi Jason! How are you! Another year, another EAD Renewal hassle to go through for all Asylumists. hah. I have to move in the middle of pending renewal application, which I am trying to avoid, I will live in my apartment until the end of Jan,2017, but I have to file renewal I765 in early December, so could I change my address with USCIS to my future address even though I still live in my current address before I file EAD renewal? But my drivers license and other address I won’t change until I actually moved there, is that gonna be a problem? Just want to make sure I won’t get my case delayed, and also have a smooth transition.. Thank you so much Jason!

    Reply
    • You can probably get away with that. Another option is to just change your address with USCIS on the I-765, and change your address with the local asylum office after you actually move. I doubt you would have a problem if you did this. Also, one bit of positive news – your new EAD should be valid for 2 years. That change went into effect earlier this month. Take care, Jason

      Reply
      • Really???So My EAD will expire in April, 2017, do you mean I might not need to renew this year?

        Reply
      • Yeah, I got what you said, Jason, the New EAD. WOW that’s really good news! Thank you for the information, watching your updates are always faster and more accurate than my lawyer’s update..

        Reply
      • Sorry, Jason, I have additional questions, so are we able to see the update on USCIS? Do you know if the renewal fee would be the same or double the amount? thank you!

        Reply
        • The renewal fee is the same for now, but it will probably be going up at some point (I think they just announced that a change is coming). Take care, Jason

          Reply
  38. I came with an f1 visa but circumstances forced me to not be able to pay for school. Now my aunt who works immigration applications convinced me to apply for asylum on account of what is happening in my home country Ethiopia. I am currently one month into my asylum claim but I hate being here and I want to go to school and that won’t happen for years now. I was misinformed. I want to go home but I know I won’t be admitted back. My question is is it always a permanent ban for those that leave while they’re asylum is pending?

    Reply
    • You can contact or go to the local asylum office and cancel your case. You can find contact info for the local Asylum Office if you follow the link at right called Asylum Office Locator. If you cancel the case, you will not be blocked from returning here. However, it will probably be more difficult to get certain types of visas to come back. Take care, Jason

      Reply
  39. Hi Jason Dzubow.
    i am a asylum with Green Card holder, i already applied for spouse vise which is farm I130 one month ago. can i apply Lottery Green card for her too?
    thank you very much for undrestanind.
    hope to get response from you soon.
    best regard
    Ahmad

    Reply
    • I suppose so, but the I-130 will likely be faster. Take care, Jason

      Reply
  40. Hello Jason,

    I have a court hearing in July 2017 in San Francisco for my asylum case.I have hired an attorney in SF, but I am currently residing in Missouri. do I have to move to San Franciso/CA ASAP or I can continue living out of state?

    Reply
    • You should ask your lawyer. But in general, if the government thinks you are lying about your address, they may consider you to be lying about other parts of your case. On the other hand, if you have a legitimate reason for temporarily living in Missouri, and you maintain your permanent address in CA, maybe you will be ok. I do not know, and I recommend you discuss it with your lawyer. Take care, Jason

      Reply
  41. I am an petitioner or asylum and moving from Georgia to Texas.if i send a change of address to the asylum office does it mean that my file will be automatically be transferred to Texas or i have to write a letter to request this change.

    Reply
    • You need to give the asylum office a form AR-11 (available at http://www.usics.gov) and this should automatically move your case. However, it does not always happen, and so I recommend you follow up with the old and new Asylum Offices to make sure the case is moved. You can find contact information for the Asylum Office if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  42. hi jason
    i have been denied for my marriage based green card my question is can i apeal on this case and what js the time frame after the denial.

    Reply
    • Sorry – I can only assist with asylum questions here. Take care, Jason

      Reply
  43. Dear Jason,
    I have heard wonderful things about you and the work you do. Thank you for having such an amazing platform for people like me.
    My Question today is
    1. I’m applying for asylum and the form has a very limited space, people are telling me to state please check affidavit and then have the affidavit ready for another time. Is it wise to do that or should I submit everything I have along with the I-589?
    2. I have graduated with a law degree and have a good understanding of the law. However I’m not sure if I need a lawyer or Given the circumstances if I can do it myself.
    Thank you so much.

    Reply
    • 1 – I think you can do it either way. We submit only the form, and in response to the questions, we give a very basic answer and then state that we will submit the affidavit later. Whether you send the affidavit now or later has no effect on your case; 2 – There’s a saying that, “A lawyer who represents himself has a fool for a client.” Maybe that saying was created by lawyer so that you will hire us, but I do think that a lawyer makes a difference in the case. Some cases need a lawyer more than others, of course. I wrote a piece about that on July 7, 2016. Maybe that article will be helpful. Take care, Jason

      Reply
  44. Hi Jason,
    I have applied for asylum in september 2016 at New Jersey along with my family. I hope to get work permit by March 2017end. Will i get a social security number with the work permit. Since we have medical issues and we contacted NJ familycare so they wanted SSN number even to give child medical benefit.
    Thanks in advance

    Reply
    • I think May or June is more realistic for your EAD, though maybe the process will speed up. Once you have the EAD, you have to go to the Social Security office to get the card. I do not know whether you are eligible for any type of medical benefits. You will have to contact the local Medicaid authority. Also, you might try contacting the local office of Catholic Charities (I think it is called Catholic Community Services in NJ) – they may be able to advise you about what benefits are available for your family. Take care, Jason

      Reply
  45. Hello Jason,
    I have an inquiry regarding my status.
    I am an F1 status student, with a valid I-20 until 2019, and applied for asylum recently, however withdrew it within 2 months of applying. For the future when i leave the U.S, and apply for a non-immigrant F1 visa using my I-20, as my F1 visa is one entry, and every time I travel in and out of the U.S I have to go get a new visa each time to enter. My question is will they question me about my previous withdrawn asylum application? As when filling the DS-160 form it doesn’t mention it. Will it affect their decision? Is it their right to question me about it? If I do receive the visa, will I have trouble at the border anyway? Do I nee to re-strengthen my bonds to my home country?
    Thank you !

    Reply
    • I think they will likely ask you about the asylum application, so you should be prepared to answer. If you get the new F visa, and come to the border, I suppose they could ask you about it there too. If you have a good explanation for why you filed for asylum, and maybe some evidence about that explanation, it would be a good idea to keep that available at your visa interview and when you travel to the US. Take care, Jason

      Reply
  46. Hi Jason,

    I have pending case, filed my case in the March of 2015 and submitted fingerprints a month after.

    Since then did not submit any fingerprints.

    Is this normal or my lawyer is working unprofessionally?

    How often do asylum seekers are required to submit their fingerprints?

    Thanks in advance!

    Reply
    • The fingerprint rules seem to have changed a few times in the past several years. Most of our clients are fingerprinted once, shortly after we file, and then not again until the interview. However, if you have questions about your case, you should ask your lawyer, or if you do not understand the process. Hopefully, the lawyer can help with this. If not, you need to find a new lawyer. Take care, Jason

      Reply
  47. hi Jason,

    Greetings !!

    I have question, my 151 days over on 29 October 2016 from asylum acknowledgement receipt received (SFO), so when and where, I can file EAD application, advise check list of documents, moreover can i file by my self as applicant or my lawyer have to file behalf of me?, my lawyer work style is very slow, so kindly advise ??

    Thanks & Warm Regards
    Bapu

    Reply
    • You can do it yourself or with your lawyer. Though if you do it yourself, you should at least tell your lawyer what you are doing and keep a copy of the application for yourself. The form is the I-765, available at http://www.uscis.gov. The instructions explain what to do. Take care, Jason

      Reply
  48. My wife and daughter filled a poletical asylum on november 2016. I am living in another country (west africa) other than our home country due to work related issue. I have B1/B2 visa so that i can come and visit my family from time to time. When i come to my question, is it possible to fill an asylum in US and work outside US until my EAD approved?
    Please kindly advise
    Thank you

    Reply
    • Sorry its february 2016 not november

      Reply
    • A person can file for asylum and then request Advance Parole (form I-131, available at http://www.uscis.gov). This allows the person to leave the US and then return. However, I doubt it would allow you to leave the US for very long. Normally, it is only granted for a few months. Also, if USCIS thinks the person can live permanently in the third country, they will deny asylum. Take care, Jason

      Reply
  49. USCIS Increases Validity of Work Permits to Two Years for Asylum Applicants
    Good news for ead !

    Reply
    • Thank you for letting me know – it was a surprise to me. And it is great news. Take care, Jason

      Reply
      • Hi Jason,
        What do you think of the issueing of 2 year validity EAD is only for certain group of individuals or it applies same for all the asylum pending applicants as well?

        Reply
        • It’s great news, for a change. Take care, Jason

          Reply
  50. hello,
    thank you for taking out time to answer queries of people in distress. i wanted to know that last month my husband filed for political asylum along with myself and our children while being physically in USA. Meanwhile in Feb 2015, his father had filed a petition of i-300, requesting his immigration to USA which was accepted. Could you please advise that if seeking political asylum at this point in time may jeopardize our i-300 petition or it may help our lawyer to link both petitions and expedite our chances of getting a green card. please advise.

    Reply
    • sorry thats i-130 not i-300

      Reply
    • I am not sure what an I-300 is. Maybe you mean I-130. If your husband’s father filed an I-130, it will take years before he and your family can get a green card that way. It will also likely require you all to leave the US and get the green cards at a US embassy. Maybe it is a good back-up plan, and it should not in any way interfere with the asylum case, but it is not all that helpful due to the long wait (Google “DOS visa bulletin” to get an idea about the wait times). Take care, Jason

      Reply

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