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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

 

 

 

 

 

 

12,611 comments

  1. Dear Jason

    Thanks in advance for your valuable information.

    My husband applied for asylum and waiting last court dexsion. can I fill DV lottery or Getting scholarship will affect me to get VISA.

    Reply
    • I don’t really understand the question – You can apply for the DV lottery, but not everyone who is in the US is able to obtain the green card based on the lottery. If you win, you can talk to a lawyer about that. Take care, Jason

      Reply
  2. Jason,
    I have a refugee travelling document and I wanted to find out if I will be allowed to travel to England if I have a valid visa but the document expires in 3 months. I wanted to visit England for two weeks.

    Reply
    • You would have to contact the British Embassy and ask – I do not know. Take care, Jason

      Reply
  3. Hello Jason,
    I will like to change my address online but will still be in NY. I was have read that, those having receipt with number starting by ZNK cannot follow the process of their case online because, they should go in person to the office in charge for inquiries (can you tell me more about this ?).
    Would this be a problem if changing my adresse online? Changement of mailing address while remaining in the same town but can delay the process for EAD ? Thanks,

    Reply
    • No one can file the progress of an asylum case online, as that info is not available online. To change your address, use form AR-11, available at http://www.uscis.gov. If you have a pending asylum case and a pending EAD case, you have to change your address for both cases. It should not affect the processing time of the cases. Take care, Jason

      Reply
  4. Hi ,
    I have pending asylum case and my ead is delayed so my ID got expired and I had to get passport for my new born baby here in us. While visiting for baby passport they said my ID is expired so I need to show my passport . My question is . Is there any problem to use my home country passport as an ID for my new born baby’ US passport.

    Reply
    • I highly doubt you would have any trouble using your passport as an ID, especially since you have no other option. Take care, Jason

      Reply
      • Thanks

        Reply
  5. This is the correct news link (previous one was wrong:

    http://kticradio.com/abc_politics/under-trumps-new-refugee-ban-nearly-half-of-refugees-still-blocked-abcid35987924/

    Reply
  6. Here is a piece of information from a published news: Are you seeing the effect of priotriozing asylum case in the US Jason:
    https://www.worldpoliticsreview.com/articles/23455/trump-s-restrictions-on-central-americans-seeking-asylum-could-destabilize-the-region

    Immigration authorities have also prioritized asylum cases — people who apply for protection from inside the U.S — over refugee cases. Under this administration, asylum applicants are considered a priority because people claiming asylum are already in the U.S., making it in the national interest, according to a DHS official.

    In addition, United States Citizenship and Immigration Services (USCIS) believes that the backlog in processing could potentially encourage false claims of asylum — knowing that an applicant is allowed to remain in the U.S. while their case is processed.

    Reply
    • Some US government workers who have done refugee cases are supposedly being re-assigned to work on asylum cases (and there is a large asylum backlog – maybe 250,000 people). You can keep an eye on the Asylum Office Scheduling Bulletin (a link is at right) to see whether things are moving more quickly. I do think there has been a very modest increase in speed for my local office, and I keep expecting things to pick up even more. So far, though, things are not moving particularly quickly. Take care, Jason

      Reply
  7. Hello Jason,

    I posted that earlier than some of yesterday answers but as a reply of some of your answers. Likely you did not see it.

    I finally received the letter asking for additional evidence which I added as a copy with my application of May 16 already.It is basically an order of a juge dated August 10/16 with my case number where the judge signed at the end “Admin closed (P/D)-Granted” yet they are asking for an order of a juge or Immigration board of appels stating that my removal proceedings has been granted, while it is the only document that I was given. The letter states that their records show that my case has been administratively closed on 8/10/16 and I need to show evidence that the judge has granted me the withholding. What can I do? Send the same evidence again..?

    Reply
    • If you applied under category a-10, that is for people with Withholding of Removal, and so the application would likely be denied if you filed under the wrong category. You have PD, and so maybe you should be filing under a different category (depending on your case). Maybe it is the asylum pending category, but that depends on your case. Take care, Jason

      Reply
  8. Dear Jason,

    First, I wanted to thank you for the time you spend on writing the blog and answering the questions.
    My mom is from Iran and she had her asylum interview on February 2017. She received “recommended for approval” after two weeks. However, since then, we have not heard back from the USCIS. Do you happen to know the average waiting time for “recommended for approval” cases to hear back regarding their background check?
    Her lawyer believes that there is not much that we can do regarding this and we should just wait. What do you suggest?

    Thanks,
    Amir

    Reply
    • I agree with the lawyer – you can make periodic inquiries, but there is not much you can do (though I did a post on October 21, 2014 about this with some ideas). Also, there is no average waiting time – we have seen people get decisions in days; other people are waiting 3+ years with no decision. Most people, especially, women, get decisions in less time than that. Take care, Jason

      Reply
  9. Hi Bro

    God will bless you for helping us on this forum you’re like the only person that knows what we are going through
    I have a question how long do you think it would take for me to start working after the USCIS has gotten my RFE response things are really bad

    Reply
    • In many cases, USCIS completes a case soon after the person responds to the RFE, so hopefully, that will be you. If you do not receive something in a few weeks, you can call USCIS to inquire. You can find their phone number at http://www.uscis.gov. Take care, Jason

      Reply
      • You’re a wonderful Human being . I will wait a week more

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  10. Hi Jason!
    I have a situation where my dad was murdered in Pakistan. I have six siblings, four of us were born in US and the oldest sibling had sponsored for our father to come to US. My father had his interview with the embassy and was waiting on his visa when he was murdered. My younger two siblings were born in Pakistan. We were abandoned by our mother when they were younger. Which route is best to take in this situation? The goal is to get the younger two siblings here sooner so we’re not leaning towards the siblings sponsorship due to the lengthy process. My siblingsare 13 and 8. We have been told about refugee but not sure. All of the family is here. My sibling that sponsored my father is also married and in process of sponsoring her spouse. Would she be able to adopt and sponsor our siblings? She’s currenlty in Pakistan, would she be able to go to Embassy and request refugee for them?Please direct us to the appropriate route! Thank you so much!

    Aamnah

    Reply
    • I am sorry for this, but I do not know much about such cases (I focus on asylum). Perhaps one of the US-citizen relatives can adopt the children and bring them here, but it is not something I know about. I suggest you find a lawyer who does international adoption and immigration and see whether they can advise you. Take care, Jason

      Reply
  11. hi Jason,
    Greetings !!

    I am here on pending asylum, can my wife and my son apply for Canada PR from my home country, they will face any problem to file canda PR, what they should write about me in Canda application,

    Thanks
    awaiting for your feedback,

    Thanks

    Reply
    • I do not know about that – you would have to ask a lawyer in Canada. Take care, Jason

      Reply
  12. Hey Jason! I applied for asylum and my case is referred to immigration judge. My husband is a dependent. Will he still be deported if we get divorced in case I loose in court? We live in NY

    Reply
    • Presumably, his case is also in court. If so, and if you divorce, he will need to file his own application for relief (whether it is asylum or something else). If not, he will be ordered deported, as he cannot benefit from your application once you are divorced. Take care, Jason

      Reply
  13. Hello, Jason. My asylum was approved in December,2016. I’m going to adjust status this year. The passport from my country expires soon in November. I need your advice. Can I still fill out and send documents having an expired passport of I have to renew it first. I called the immigration and they couldnt tell me anything Saying there is no information online about that.

    Reply
    • If you have asylum and are applying for a green card, you do not need a valid passport. In fact, renewing your passport potentially causes problems, since you have to renew with the same government that you fear. Take care, Jason

      Reply
      • Thank you so much for your response. One more question. I know many people who after having green card through asylum travelled to their home country even several times without having any problem with immigration-they crossed the border and returned to USA. I’m a little bit surprised. How is that possible? Wont they have any problem later as they apply for US citizenship???
        Thank you in advance

        Reply
        • I know people who have done that as well, but it is a risk, and they could have a problem. The problem could arise at the airport when they return to the US, but more likely, it would occur when they apply for citizenship. Having a problem does not automatically mean that they lose their status, but the government could try to take it away. Especially now, with the Trump Administration, I think the risk is real. I wrote about this issue on January 6, 2016 – maybe that would help as well. Take care, Jason

          Reply
    • Helloo jeson, i love your website, thanks for helping us, i am waiting for my decision since feb, 17 any updates please, and advise,
      and kusana81, can you plz tell me, after how long they send you decision, thanks

      Reply
      • Hello Sid. I had decison in 2 weeks. They didnt send it to me. They asked me to come in 2 weeks and gave me the decision in the immigration office.

        Reply
      • You can contact the asylum office and inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. But such delays are pretty common, unfortunately. Take care, Jason

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        • thank you sir

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        • thank you sir very much.

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  14. Dear Jason,

    Hope you doing good. I really Like your blog. Thanks

    My friend has come on vist here and his got 6 month entry.And his entry is going to expire in first week of November. He will apply asylum now so After apply asylum he will be legally live here or after receiving the file no which will come in months time he will be legal?
    Second and last. Can we send the additional documnets later after applying the asylum.

    Really appreciated your support and reply.
    Thanks.

    Reply
    • Once he files for asylum, he is allowed to remain here until the process is complete. He should get the receipt in 3 or 4 weeks and then he will have proof of his asylum filing. He can submit documents later, but he should do that before the interview – in my local office, documents must be submitted a week before the interview, but other offices might have different rules. Take care, Jason

      Reply
      • Thanks sir,
        But during this 3 or 4 week time is he count as legal? Suppose he goes for finger print and that time his visit will be expire but he already submit asylum but didnt get the file no so in that case is he save or legal.

        Thanks for supporting.

        Reply
        • There is no “legal” or “illegal” here – As soon as the person claims asylum or mails the form, he is allowed to remain in he US until the case is resolved. However, until the receipt arrives, he has no proof that he filed (except for the copy of the I-589 form and the mailing receipt). That is the best I can tell you. Take care, Jason

          Reply
  15. hi i need your help i have my personal hearing with the judge in 2019 in NEW YORK, now i have been working in Chicago for a year and keep my address in NEW YORK, but now my work is finished and i’m going back to new york for work until definitely, my question is: can he have a problem with the judge or as I came back to New York there is no problem, thanks

    Reply
    • I doubt you will have a problem because of this. You can say it was a temporary move and that you kept your permanent address in NY (which seems to be exactly what happened). If you file your taxes in NY and keep your driver’s license there, that will help too. Take care, Jason

      Reply
  16. Hi Jason. (Thanks for all your help)
    I’m a Green Card Holder through Asylum , I’m still few years away from applying for US citizenship.
    However I really would love to see my parents in a third country (They are sick and old)
    My Question is:
    Can I get a passport from my Country of origin consulate so I can travel and re-entry to the states with my GC and passport?
    OR
    Do I need to travel with a RTD and avoid getting a passport ?
    I’m really confused and don’t want to take the wrong step.
    Could you please Help me?
    Thanks in Advance.

    Reply
    • From the point of view of US immigration, it is better to get the RTD and travel with that. If you travel with your home-country passport, they might ask why you would use that passport if you fear the home country (if you fear the government, it is worse than if you fear terrorists in your country, since the government issues the passport and theoretically protects you when you travel using the passport). I have seen people travel with their passports and not have any trouble, but if you can use the RTD, it is safe and there should be no issues at all. But you have to be sure that the country where you will go accepts the RTD in lieu of a passport, so contact the embassy to be sure. Take care, Jason

      Reply
  17. what does yesterday supreme court ruling on travel ban means…? is it still valid or not? the way they worded it sounds more political than judicial.
    thank you

    Reply
    • I have not read it, but I believe the court dismissed the cases against the old travel ban. There is a new ban now, and so probably that will eventually reach the court. We shall see. Take care, Jason

      Reply
  18. Please I’m looking for help

    Reply
    • Hi M. Jason ,l’ m asylum seeker and l had applied for work permit in Juin 10th, l did my biometric in August 2nd about 4months l didn’t get my work permit yet ,if l check my case it’s still in process,please l want know how long it take if you apply for work permit,thank you.

      Reply
      • We are seeing work permits take 4 or 5 months or more. It sounds like yours is being processed, so hopefully, you will get it soon. You can call USCIS to inquire – the phone number can be found at http://www.uscis.gov, but it sounds like normal delay to me. Take care, Jason

        Reply
        • Thank you so much M.Jason.

          Reply
  19. Dear Jason,

    I hope you’re able to help me. My Asylum case referred from The USCIS to the immigration court, I had my master hearing and my individual hearing 2019. However I’m renewing my EAD.

    I will submit,
    1)Check with $410 fees
    2)2 photograph
    3)Copy of my current EAD
    4)Judge notice regarding my individual hearing date
    5)Acknowledgment USCIS receipt of I-589
    6)form I-765

    Please if you confirm that All documents I have to submit.

    I appreciate your help.

    Thanks
    Adam

    Reply
    • Sorry, I cannot provide specific advice like this, as I do not know your case. The instructions to the form I-765 tell you what you need, and if you forget something, USCIS will send you a letter requesting it, so it is not a big deal. EAD renewals for most people are delayed, and are taking 4 or 5 months or more (though you get an automatic extension of the old card). Take care, Jason

      Reply
    • hi, Adam can you plz tell me, after how long they send you decision, i am wating for my interview decision from last 8 months, thanks

      Reply
  20. Hello Jason. I’ll post an interesting article and it’s really short,but i want to hear your comments….is it actually possible? To keep this anount of information for all immigrants?
    https://www.path2usa.com/blog/dhs-to-collect-every-immigrants-digital-footprint

    Reply
    • DHS is obtaining this information, and so you need to be careful about what you post on-line. I wrote something about this on March 15, 2017 if that helps. Take care, Jason

      Reply
  21. Hi Jason, thanks for you help all the time. I have pending asylum since NOV 2015 and I have applied for reneval of Ead but it’s been 122 days now , in fact I have raised sr but no response. Service center was Nebraska and I am from Chicago.
    Please advice how long I should wait and what to do. I heard the uscis was doing extensions automatically but I never get any letter of that.

    Reply
    • I wrote a post on January 25, 2017 with links to the rules about automatic extensions. We are seeing renewals take 4, 5 or more months. You can always call USCIS to inquire, or make an Info Pass appointment to go there and ask. You can make an appointment or find the phone number at http://www.uscis.gov. Take care, JAson

      Reply
      • Thanks

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  22. Dear Jason, I have three questions today. 1. What happens if an asylee wins a DV lottery while he is in the US? 2. What happens when an asylee, who has a pending case ,marries a US citizen? 3. What happens if someone who is here on a vacation visa marries a US citizen(has still 5 more months on the visa)

    Reply
    • 1 – The person may be able to take advantage of the lottery, but often times this requires leaving the US. 2 – If the person is eligible, he can apply for a green card based on the marriage and close out the asylum case. 3 – If eligible, he can apply for a green card based on the marriage. In each case, it is worthwhile to talk to a lawyer to make sure you are eligible and to help with the process. Take care, Jason

      Reply
  23. hi Jason

    Thanks for your valuable blog services, I am here on pending asylum, working and planning to file my first tax return, as I also filed my tax return in my home country too, more over I have my home country job experience letter indicating with my good charter from my few employers.

    and here in USA, MY Manager file my good character with mentioning hardworking man in company record file, as I never did call out and I always in time on my work, doing my work with my best effort,

    so my Q is that is my tax return and few letter of my good character from my home country company and if I also try to get letter from my USA employer regarding my good character and with USA tax return, it will helpful to my asylum interview.

    Kindly guide ??

    Thanks

    Kindly guide

    Reply
    • Evidence of good moral character is fine, but it is not particularly important for an asylum case (unless maybe there is evidence of bad character and you are trying to rehabilitate your character, like if you have minor criminal conviction). Also, if you fear your home government, the Asylum Officer might think it strange that you filed taxes in your home country. As long as that can be explained, it should be fine. Take care, Jason

      Reply
  24. Hi Jason,
    I have applied to the DV lottery many times in the past. Will that constitue an issue when the asylum officer will review my asylum case. I mean, will they use it as a proof to accuse me of trying to sneak into the US through the asylum process ?

    Reply
    • They can ask you about it, but as long as everything was consistent in the different applications, I do not see why this would create problems for you. Take care, Jason

      Reply
  25. Hi Jason, thanks again for creating this very helpful platform. I am seeing, on some of below comments “EAD being expedited” and getting a response. I went to ZAR office and they told me that they dont process EAD applications,which is true but thought it might be related anyways.
    Can you please tell me the proper way to expedite EAD application under C8. I thought this option was revocked for c8 applicant.
    Regards
    Fitsum

    Reply
    • You can contact USCIS and ask them to expedite (and give them a reason why it needs to be expedited). You can find their phone number or make an Info Pass appointment at http://www.uscis.gov. It is quite difficult to get them to expedite, but you can try. Take care, Jason

      Reply
  26. Hi Jason,
    My husband is my dependent and may need to travel out. Could this affect my case in anyway, and how if yes? Note that only me received the notice to not leave while my case is pending, not him. But we two received the appointment for fingerprints. Need your advice.
    Thanks,

    Reply
    • I suppose it depends where he goes and what he does, but if he does not go to your home country, I doubt his travel will affect you. If he plans to travel and he is a dependent in the asylum case, he probably needs Advance Parole, form I-131, available at http://www.uscis.gov, in order to return to the U.S. Take care, Jason

      Reply
  27. Hi Jason,
    We have applied for our Green Card thru the grant of Asylum on 06/15/2017, USCIS- TSC office officially received and accepted our biometric fees with the adjustment of the Status application on 06/23/2017. On 07/19/2017 we gave our Biometric since then no news.
    it has been 4 months right now. Do you have any idea how long they will take to provide our green card? looking forward to listening from you.

    CM

    Reply
    • We are seeing cases take 8 or 9 months or more. In addition, people who received asylum as dependents of the principal applicant will now need to be interviewed by USCIS (as of October 1), and so I expect this will slow things down even more. It sounds like your case is properly filed, so it should be processed eventually. Take care, Jason

      Reply
  28. First of all i would like to appreciate and thank you for your support through this blog. My wife applied for an asylum two years ago and i just get to the US a week ago, if i join her asylum case, how long will it take to get EAD.

    Reply
    • You can join her case and as soon as you are joined, you are eligible for the EAD on the same schedule as her (so if she has it now, you can apply as soon as you are added to the case). You can ask the local asylum office about the procedure to add her to the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  29. hello Jason,
    i file i-589 for me and my husband as dependant and i just receive the aknowlegment with my name. the thing is that my husband application has his picture but the signature is mine in page 9. how can we do to correct that (just read in one post that the dependant should have picture in page 9 with his own signature). And will that delay my fingerprint appointment in case we need to resubmit another application for my husband with his signature?
    Thanks,
    Lyd

    Reply
    • I think you might do better to correct it at the interview. You both should get your fingerprint appointments within maybe 6 weeks of filing. If that happens, then everything should be ok, and you can make the correction at the interview (or by submitting a corrected form prior to the interview). But if you both do not get a fingerprint notice, probably the best idea is to contact the local asylum office and ask how to proceed. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  30. Dear Jason,

    We got an approval of our expedite request. Do you know how long it takes in the Chicago office after the approval to get an interview date?

    Reply
    • I do not know. In the Virginia office, it is taking maybe 2 or 3 months. Take care, Jason

      Reply
  31. I have my green card and will be applying for my citizenship by the end of January.
    I got my green card thru asylum.
    Do you know by any chance how long does the process takes to be a citizen.
    Really want to go home to visit my grand mother that is very very sick.

    Reply
    • You can try to meet her in a third country, if she can travel. It is difficult to say how long it will take – USCIS seems to be making it more difficult for all applicants, including applicants for citizenship. Hopefully, it will take between 6 and 9 months. That is what we have seen recently, but things are getting slower, so hopefully it will not be much longer than that. Take care, Jason

      Reply
  32. My prospective employer filed H1b petition and stopped responding later. I read news that this employer got indicted for visa fraud, so i assume this petition was revoked for fraud. I submitted my true details in terms of education, experience to the employer for filing. I made a wrong choice on employer only.
    Will this petition affect my future i485 application? (based on pending asylum)
    Will i be considered inadmissible to US for visa/immigration fraud based on this H1?

    One more q on credible fear: I am safe in my home country if i confine myself to home and avoid all social contacts including going to school/work. Will my petition fly?

    Reply
    • You might want to file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of your file and see whether the employer said anything fraudulent about you. As for your case, I cannot tell from what you wrote. Asylum does not require that you hide in your house the whole time to be safe. If you have a threat to living your life, inside and outside your home, you may qualify. Take care, Jason

      Reply
  33. Dear Jason, I’m granted asylee in the US, within the delay in interviewing, misunderstanding happened with my spouse, unfortunately we get divorced. before i get interviewed she tried on her own to came to the US and she was rejected. my questions is, is her finger print is associated with mine at this time. because she told them about us during her interview. and what should i do about her now.

    Reply
    • I do not know that there is anything for you to do. If you were granted asylum, but you are divorced, your wife cannot come to the US based on your case. Maybe I did not understand your question – let me know. Take care, Jason

      Reply
  34. Dear Jason
    I found out that the social security office mailed my social securuty to a wrong address and they said that Ill get another mail wihin 8to10 business days. What happebs to the first one they sent out? Do I get the same number card? Are there not risks of identity theft? Thank you

    Reply
    • I do not know. Maybe you can inquire with the SS office. In some cases, mail will not be delivered unless the post office matches it with your name, and so maybe (hopefully) it was returned to the SS office. Take care, Jason

      Reply
  35. If I am a derivative from an asylum application from my Wife who applied for asylum, would it require me to wait 90 days to submit an asylum under her application? And how long should I wait to apply for an EAD?

    Reply
    • I do not understand the first question. If you are a derivative, you are already part of her case. You can file for the EAD on the same schedule as your wife. Take care, Jason

      Reply
  36. Hello sir, thanks for all the advice. I recently applied for an expedite request for an urgent interview because of my sick wife and children. The USCIS just sent me an approval letter.
    My question is, for how long will they notify me of my interview date?
    The good thing is that it was approved but no date yet.
    Thanks

    Reply
    • In our office (Virginia), it usually takes 2 or 3 months, but it probably varies depending on your office. Take care, Jason

      Reply
  37. Hello Jason,

    Hope you are great. You truly do not measure the hope and warm you are putting in people hearts. I don’t know what to say but I wish all the blessings of God on you.
    I exchanged with you back in August, then again back in September. Like I stated I applied for a renewal of EAD under category (a)10 Granted Withholding of removal after an expired EAD of category (c)8. I did not know back in January that before an expiry of the categories listed above, you were granted an automatic 6 months till they process your case. I applied after the expiration date but for some reasons I have been waiting for 5 months as of today having applied since 05/16/2017. I logged an enquiry call on October 3rd but It is still not assigned to an officer for answer. I checked on their website the processing times of my center NBC and as of August 31 they are processing cases filed on May 13. Which means that basically I should have received my EAD on the first week of September yet after 150 days still no answer. There is no way to get an info pass appointment as there is always none of the USCIS website. Honestly I don’t know what to do and for many reasons I am lost.. What should I do to get an answer. I filed the EAD myself. Do you think getting a lawyer will help expedite the case or know what is going on?

    Reply
    • If you are switching from c-8 to a-10, there is no automatic extension. That only applies if you are renewing the EAD based on the same category. Also, unfortunately, I think there is only a one-year EAD for people with Withholding, and there is no automatic extension for that category (you should double check this, in case I am wrong). As for your pending EAD, if you cannot get an Info Pass appointment, you can go anyway and explain that it is an emergency and that you could not get an appointment. This sometimes works. Maybe if you have a letter from your employer indicating that you will lose your job, it will help. Sometimes – but not always – the in person appointment is more effective than a phone call. Also, you can contact the USCIS Ombudsman (a link is at right) for help, though they are not particularly fast. Finally, you may want to talk to a lawyer to see whether the lawyer can offer any ideas, as maybe the delay is related to some specific issue in your case. Good luck, Jason

      Reply
      • Thanks Jason..

        Reply
        • Jason, again thank you for everything. As with what you mentioned, I was able to put up an expedite request to which they sent me an answer yesterday. It is still on the way in the mail..What I was trying to ask you, is there a legal basis per law for USCIS to deny my case after being granted the category (a)10 by an immigration judge without going back to immigration court proceedings. My case was mostly based one the judge choices as my 485 was denied in 2008 and based on my good behavior here, no arrest whatsoever, no crime, taxes filed promptly and the judge granted me that under Prosecutorial Discretions. Thanks for your care..

          Reply
          • If your only status is prosecutorial discretion, it can easily be taken away. Usually, the judge does not do that, though, it is the DHS attorney who asks the judge to do it. Whether DHS will go back to try to end PD for old cases, I do not know, and so far I have not heard about that. Take care, Jason

          • As always thanks for your care..

          • Dear Jason,

            I hope you are great. As usual thanks for you dedication to us all. I finally had a reaction from USCIS this week after after 165 days but unfortunately it is asking to ask me for additional evidence. At that level, I wonder what is might be as my application is a follow up of a (c)8 category from a 589 filed in June 2015. I had waited for the 150 days till December 2015 and file my I765 app which was granted and expired in May of this year. As I was granted (a)10 under PD, my renewal is just a follow up of that process. Now I wonder, as a lawyer, what do you think might be the additional evidence asked for? I know it is pretty hard to speculate but if my EAD is already almost 3 months passed, why not ask for that additional evidence when in the 90 days as their processing times of I765 applications of my date of application on their website are 2 months passed? Is that normal, just a another of denying the EADs to people under my category in a smart way?

          • There are long delays for EADs and that might account for the delayed request for evidence, but it is a long delay. Usually requests for evidence for EADs are for things that the person forgot to include, such as photos or proof of status, but you will have to wait for the letter. Also, in many cases, once the evidence is sent, the decision comes quickly, so hopefully that will happen for you. Take care, Jason

          • Jason, I finally received the letter asking for additional evidence which I added as a copy with my application of May 16 already.It is basically an order of a juge dated August 10/16 with my case number where the judge signed at the end “Admin closed-Granted” yet they are asking for an order of a juge or Immigration board of appels stating that my removal proceedings has been granted, while it is the only document that I was given. Can I please send copies of the order of the immigration judge as well the letter asking for additional evidence for you to analyze it for me. I did not get a lawyer yet because I am under severe financial stress. I lost the job I had becausse of the 6 months late of my EAD..Please..

          • You can, though we charge a fee for such consultations ($100 in person or $200 by phone). You can email me at jdzubow@dzubowlaw.com. You might also doubt check the category you filed under on the I-765 form to make sure you got it correct. Take care, Jason

  38. Dear Jason
    I had applied for my Social Security(first time) after getting my permit. Come monday,it will be 4weeks since I applied. Is this normal?

    Reply
    • That I do not know. I thought it was faster, so maybe you should try following up with the SS office. Take care, Jason

      Reply
  39. i have ended my 1 year after asylum granted . i see that the green card application has changed and it turned to be 18 pages with a section for interview . any one applied lately and has o go through an interview ?

    Reply
    • We have not, but supposedly principal asylum applicant will not be interviewed – only derivative applicants or I-730 follow-to-join family members will be interviewed. Do be careful on the I-485, as there are a lot of questions, and USCIS is using little mistakes (like checking the wrong yes/no box) as an excuse to deny cases or deny citizenship cases when you apply for that later on. Take care, Jason

      Reply
      • if I did any mistake in my green cared application like checking wrong yes or no and they denied my case , is there any way to can re-apply again because I’m so freaked out ?

        Reply
        • If the case is still pending, you should contact USCIS and correct the error. If the case is already denied, you can re-apply, but talk to a lawyer before you do, to determine the best plan. Take care, Jason

          Reply
  40. Hi Jason,

    If one gets a green card through a marriage petition after being granted asylum, will he/she be considered as an asylee after obtaining the green card? How does it work?

    Thanks

    Reply
    • The person is still an asylee even if they get the GC through marriage – so they can still get a Refugee Travel Document, if they need it, and they should not return to their home country. Take care, Jason

      Reply
  41. Dear Jason,
    Would I be eligible to apply for the Green Card lottery if I’m Canadian but my late husband was American? We were married in June 2002 and he passed in Dec 2002?
    I never remarried and have no children.
    Thanks for your reply.
    Sincerely,
    Esther

    Reply
    • I do not know about the GC lottery, sorry. You might also look into the possibility of a Special Immigrant Visa for widow, though given the amount of time that has passed, I doubt that would work. Take care, Jason

      Reply
  42. Hello.
    My wife applied the ead renewal same time as me but her online status is showing. Your case is approved but my online status is still showing. Case was received .its now over 65 days .. Is it normal as my wife is my dependent and I am the principal applicant ..

    Ease tell this is normal as we have same case and our first ead approved and received same time.

    Reply
    • EAD processing is very variable. Some people are fast and most others are slow. We see people take 4 or 5 months for most renewals. So I think it is too soon to worry about this. Also, you have the automatic extension, so you should be eligible to work and have a driver’s license for 6 months after your old EAD expires. Take care, Jason

      Reply
  43. Hi Jason, first of, thank you so much for answering these questions at no charge. You seem like a genuinely kind person.

    I submitted a question about a week ago, but I think it didn’t go through for some reason.

    I recently got terminated from work for a frivolous reason. I also had consistent ICE visits, the ankle monitor imposition all within the same month. Thus, I got sick, mentally, and wouldn’t leave my apartment for a few weeks, living off of my savings.

    I am running out of funds and am considering unemployment insurance for a few weeks only. It comes out of employers pocket, thus it’s not a public charge. USCIS website clearly states that, too.

    Should I withdraw my unemployment claim anyway due to my upcoming judge hearing? Please advise.

    Alex

    Reply
    • I do not see why receiving unemployment would negatively impact an immigration court case. If you have a case in court, I do recommend that you find a lawyer if possible, as it makes a difference in the outcome in many cases. You can ask the lawyer about any specific problems that receiving unemployment might cause, but I do not think it should be an issue. Take care, Jason

      Reply
      • Thank you so much.

        Reply
  44. Good evening sir! After waiting for almost 3,5 years I was interviewed at ATL office on 15 of August. No decision yet, no responses on my three inquiries. Could you , please, give me an advice, how can I reach my officer? Will it be a good decision if I ask an Ombudsmen for a case assistance?

    Reply
    • It sometimes takes a while after the interview to get a decision. You can inquire once in a while by contacting the Arlington Asylum Office (they are the ones who do interviews in Atlanta). You can find their contact info if you follow the link at right called Asylum Office Locator. I would not go to the Ombudsman yet, as it seems too soon, but that is up to you. Take care, Jason

      Reply
  45. Hello,
    For someone who just receive à receipt from USCIS what will be the next step and when can I go for SSN.
    Thanks,

    Reply
    • Most people cannot get the SSN until they have their work permit. You can apply for the work permit (using form I-765, available at http://www.uscis.gov) 150 days after your asylum application was received by USCIS (this date is on the asylum receipt). Take care, Jason

      Reply
  46. Hi Jason,
    Do you have any info wheather there is any internal procedure change at USCIS with regard ro case review interview and the like. Because since Jul2017 they are still sheduling Jun2014 at arlington center similar delays are also there for other ceters also.
    4

    Reply
    • I do not know, but we have seen the Scheduling Bulletin move more quickly and then more slowly. So it may just relate to the normal vagaries of the system. I have heard that border entries are ticking up, and maybe that partly accounts for the slow down of affirmative cases (since resources must be sent to the border to deal with new entrants). Take care, Jason

      Reply
  47. Hi Jason,

    Thank you for your help.

    My EAD renewal file is still pending over 5 months for the case pending asylum filed in January, 2015. I came US with visit visa. Is this so much delayed if EAD shows that my asylum interview is approaching ? They delayed the EAD may be to see the interview result. Some people says like this. I don’t know your experiance.Thank you.

    Reply
    • 6 month is not close for interview given the current pace ,Just saying. Jason can say the final word on though.

      Reply
    • I do no think that is correct – We are seeing delays for most people who are renewing their EADs. It is taking 4 or 5 month or more. I do not think it is related to an upcoming interview. Hopefully, you will get the new card soon. Take care, Jason

      Reply
  48. Hi Jason, as i write many questions before and got back from you quick response so it was nice and help on time. I wana share once again my situation with you and hope you’ll have some words for me. My EAD expired 4/27/2017 and I filed renewal late actually I was not here in New York but else state I made mistake I realized that. I filed on month later 5/26/2017 and they received and send me receipt but my EAD still on pending,will it be effect on my pending asylum case? or will I have any trouble for that late thing?cause its been now almost five months and I’m still waiting for it would appreciate you if you can tell me what can be the possibilities.
    Thanks much.

    Reply
    • The late renewal should not affect your asylum case. Your old EAD is extended by 6 months (I wrote about that on January 25, 2017). EAD renewals are taking 4 or 5 months or more. If you want, you can call USCIS to ask about this. You can find their contact info at http://www.uscis.gov. Take care, Jason

      Reply
      • Thank you and appreciate you,
        You have a great day.

        Reply
  49. I didn’t get ead sine last 112 days and I believe my interview date is about to start. Is there any possibility that ead get deny based on upcoming interview.

    Reply
    • If your case is denied and closed (meaning you are legally here with some status besides asylum, like F-1 or H1b), the EAD could be denied. But if your case is denied and sent to court (meaning the visa you came here on is now expired), you will get the EAD. For the vast majority of people, the interview will not affect whether the EAD is granted or denied. Take care, Jason

      Reply
  50. Thank you

    Reply

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