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 Mr Dzubow,
As you know, it is hard to survive without working in the US, thus before getting my EAD I worked and offcially registered my earnings with tax offices.
Do you think this might affect my asylum case or my green card approval in the future?
Thank you!
No – it is fine. However, you should reveal this on your asylum form or green card forms. The only way it could cause a problem is if USCIS thinks you are trying to hide it. Take care, Jason
Dear Jason,
My wife went to USA since November 2013, she gave birth in January 2014. With my salary, I’m totally supported my family. She applied for asylum and was fingerprinted on November 2014 awaiting for interview since that time. My daughter is two years old and up to now I didn’t visit her and never saw my daughter. Right now I’m leaving in Mali, I have some questions:
1) do you think if I apply for visa I will get it?
If yes, which type of visa.
2) shall I wait for her interview or I can apply anytime and go to visit my family while pending for asylum.
3) what do you suggest me to visit my daughter?
It is possible you will be denied a visa because your wife has applied for asylum, and thus the embassy will suspect that you plan to stay permanently in the US. Visa that could be denied for this reason include the visitor’s visa (B visa) and the student visa (F visa). For other visas, like the H1b visa, it does not matter if you plan to stay permanent in the US, so if you can get that one, it is a better choice. In any case, you can apply for a visa and see what happens – if they believe you will leave the US when the time comes, they should issue the visa. If your wife wins her case, she can then file a petition for you to join her in the US. Good luck, Jason
Hey Jason,
I came to USA though F1 visa and I am currently living in Houston tx but I am thinking of summiting my asylum case in California Any advise am asking this because I hear Texas is bad place to ask for asylum and also comparing duration of time where do u think the process moves faster .
You can check the Asylum Office Scheduling Bulletin (a link is at the right) for the waiting times. Texas is currently faster and LA is very slow. However, this does not necessarily predict how long you will wait at a given office. As for grant rates, Texas is lower, but there are various reasons for that, which may not affect you. I am planning on writing a blog post about that in the next few weeks, if I have time. My advice (for what it’s worth): The process is slow, so apply wherever you want to live, and do not worry about the posted waiting times or the supposed grant rates for the different office – you need to live where you can get a job or go to school, not where you might marginally increase the chance for a quicker grant of asylum. Good luck, Jason
Hi Jason,
I came in to the U.S. from Syria in June 2011 on J1 visa. I’ll finish my training program this June 2016. I applied for hardship waiver, TPS and EAD in May 2015. I got the approval for the hardship waiver but not the TPS nor the EAD (I heard of people who have been waiting even longer and lost jobs). The hospital I’m going to work for starting July 2016 is willing to sponsor me H1b visa and Green Card. The catch is that I would need to leave the U.S. to change status from J1 to H1. I definitely want to avoid leaving the U.S. at any price. Obviously if I have the EAD via TPS by the end of June 2016 then there would be no problem. I work based on my EAD until September 2016, the TPS gets renewed with 6 months automatic extension which allows enough time for my green card to go through. But if my EAD is delayed too long then I’m jobless for undetermined period of time.
The question is;
Do you think I should apply for asylum and EAD 150 days later just in case that the TPS EAD takes forever? In other words, do I have a better chance (shorter time) getting the EAD via asylum over TPS?
Asylum would be a good back-up option for you, but even if you applied now, I doubt you would have the EAD by July. You have to wait 5 months after you file for asylum to apply for the EAD, and then it can take about 4 months. In the past, I have seen it take 30 days, so it is possible you would have it by July, but very unlikely. I think you should talk to a lawyer about leaving the US to get the H1b – you should be able to do it, and you do not have to go to Syria. Maybe you can go to Mexico or Canada, or anywhere else. For this, though, you need a lawyer to make sure that there will not be a problem. Also, if you apply for asylum, it should be compatible with leaving the US and returning on an H1b. However, if you have an asylum case pending, you should technically apply for Advance Parole (form I-131) to leave and return. In reality, if you have an H1b visa, you should not need AP. But as you can see, the whole thing gets a bit complicated, and I highly recommend you have a lawyer go over it with you before you leave the US. Take care, Jason
Thanks a lot Jason for your answer.
This just came to my mind; Can one obtain an Advance Parole on a pending TPS application?
I do not know much about TPS, so I do not know whether you can travel and return on TPS. Maybe check the instructions to the form I-131, which might tell you who can get Advance Parole. Take care, Jason
Dear Mr. Jason Dzubow,
In the beginning I would like to thank you very much for your efforts answering all these questions , god bless u and ur family.
Here is my question :
I and my family (iraqis) , applied for asylum on Jan 2013 , interviewed on Jan 2014 , recommended for approval on October 2014 , till now we didnt get the final approval , my daughter is a senior high school , no one college accepted her without I-94 , is there any way that we can expedite the final approval , I tried hard through my letters to them , their answers r security check , untill last December we received letters to do finger prints for everyone , is that mean they r working on our file ? if not how can we expedite it ? thnx
You should contact the Ombudsman’s office – a link is at the right. You can also send a letter/email/go in person to the asylum office to ask about the case, but obviously that is not working. Security checks are very slow and I have not found any effective way to expedite them. Your daughter should be able to attend school with a work permit. If she is a dependent on your case, she can apply for a work permit (form I-765). I have several clients who attended school using the work permit and evidence that asylum is pending. They cannot get in-state tuition, but they can attend. If the school is not allowing her to enroll, you should try a different school – there are no real rules about this, and some schools allow you to enroll, but others do not. I think if you try a different school, you should have better luck. Take care, Jason
Dear Sir,
My EAD will be expired in two months. What should I do? How long before expiration should I re-apply or can I re- apply for EAD?
You should re-apply now. You can re-apply 120 days before the old card expires, and in the future, it is better to apply earlier to avoid gaps between EAD cards. Take care, Jason
Hi Jason
It’s me again I’m single right now i write my all family members names in my case so i want to know i will be able to bring my family after i grant asylum?
If you win asylum, you can only bring your spouse and children. If you do not have a spouse or a child, you cannot bring anyone to the US. Once you are a US citizen, you can petition for parents and siblings. Take care, Jason
Hi Jason,
I applied my asylum a year ago i want to know
if i grant my asylum then how long system process takes the time to bring my family here in U.S
and i have one sister she is more than 22 year and single she can come with my family or is there will be any problem I heard if a person more then 21 year then he or she has kind of difficult?
Thanks in advance.
If you are granted asylum, you can bring your spouse and minor unmarried children – that takes 5 to 9 months, usually. You can only file for your parents if you are a US citizen and that probably takes about 9 months. You can only file for a sibling if your are US citizen, but that takes over 12 years – it is a very long wait. Take care, Jason
Hey jason!
I applied for my assylum 1 month back and received my fingerprint too. Now after a year or so i will be applying for a green card. When do u assume that i will get the green card? Usually how long can it take? Can you tell me everythinf in details please? Thankyouuu!
After a person is granted asylum, they must wait one year and then they can apply for the green card. It is not possible to predict how long it takes, but usually it is between 6 months and one year. Sometimes, less; sometimes, more. Take care, Jason
can i730 beneficiary travel to his/her homeland? how much time it will take passport get stamped after interview ?how much administrative processing take?
In some cases an derivative asylee can travel to the home country, but it depends on the circumstances – I would talk to a lawyer before travel. As for the time frame, it is very variable. Some people get everything done from filing the I-730 to coming to the US in 4 or 5 months. Other times, it seems to take a year or more. Take care, Jason
Hi jason,
Is it a good idea to transfer case from sanfranscisco to boston? I already have my EAD and my SS no. Will there be a problem in my case if I transfer my case? How do i transfer my case from one state to another?
If you move, you are supposed to update your address using form AR-11. If that move puts you in the jurisdiction of a different asylum office, they will automatically move your case. Take care, Jason
Hi Jason,
I and my wife already submitted our asylum application(Last month) per situation of my disputes with current political party. But when I was here, I got robbed at gun point & got serious injuries. I got to know from social work er in hospital that I can apply for victim U Visa. But I would like to know, if I am able to apply for U Visa, as my Asylum application is pending. Please advise, If it is acceptable to submit more then one case & what could be the worst case scenario. We are close to San Francisco Area.
You can apply for a U visa and do asylum at the same time. You may want a lawyer to help with one or both applications, but you can try both. Take care, Jason
Hi Jason,
I have applied for asylum one year ago in Chicago. According to the asylum scheduling bullletin, it takes 1.5 years in NY to get the interview scheduled and if I had applied in New York, I would have my interview already scheduled.
If I move my case over from Chicago to NY, will my case will go to the very end of the queue and it will start counting from the beginning which will take another a year and a half to get an interview scheduled?
Thank You!
According to USCIS, you will keep your place in the queue. I am not 100% sure all the offices follow this policy, but supposedly that is how it works, so maybe you want to give it a try. Good luck and let us know what happens. Take care, Jason
Thanks for the information!
I will definitely let you know.
Hi
Mr jason
I want to know from you i applied Asylum and if i apply my work permit in New York city after 180 days so approximately how long i have to wait to get mail from immigeration to my house?
Few weeks or about months?
Thanks
After you apply for the work permit, you should have a receipt in about 4 weeks. Then a fingerprint appointment letter, and finally the work permit. The whole process seems to take about 4 months. Take care, Jason
I have one more question, recently if I am not mistaken a Kentucky senator included about 35 countries including Russia and some ex-Soviet countries to the list of the most dangerous countries.
If approved, it will take up to 30 days for people to get a US visa and the citizens from these countries filing asylum will be specially interviewed as these countries will be considered as DANGEROUS.
Do you think it will also affect those who already filed or it will start its effect after this law get approved?
I do not think it will affect, but I have not seen the proposal. My guess is that it will never become a law.
Hi Jason,
We are a married couple and we have 11 month old son who was born here in the US.
We have filed a case a year ago in Chicago and evidently still waiting for our interview to be scheduled.
I have heard that there are special interview queues for people with small children or elderly sick people.
Are we elegible for that?
Thanks beforehand.
I have not heard of such a queue. For people with an emergency, you can ask to expedite the case. I wrote about this in a posting on February 26, 2015. Maybe that will help. Take care, Jason
Hey Jason,
I’ve court individual hearing sooner for asylum I filed. This time, I married to a permanent resident and a I’m a father of one .
My Loyer asked me if I want to files an emotion to pend the asylum and try the marriage first.
Can I do that while my work authorization is active?
Regards
If your case can be delayed until your wife is a citizen, you may be able to get your green card through marriage (assuming you meet all the requirements). Maybe this is a good option if you do not expect to win the asylum case; we have done it for many people. It should not affect work permit eligibility. Take care, Jason
Hi Jason, before everything I should just say thank you for all information that you give us patiently, actually you answer one of my questions before and it helps so much because I don’t have the lawyer (because of money) and I do all by myself.In this time, my case is pending more than 150 days, so I wanna apply for EAD which is so important for me.I really need the job, but I don’t know how I can get my Social Number? because I have to renew my Driving Licence too. Should I apply for it? If yes when exactly I can apply for it?
You can apply for the EAD 150 days after your application was received by USCIS (the blue receipt you got lists the received date). It is free for the first EAD, after that you pay. The form to apply is the I-765 available at http://www.uscis.gov. Read the instructions carefully and make sure you send it to the correct address. For renewals, you can (and should) apply 120 days before your EAD expires. Take care, Jason
Hi,
Mr Jason,
Im reading your blog since long time i have something to ask from you,
I know one family they are my relatives and they are from Pakistan and because of some serious life threats they move from there and went to Thailand Bangkok they filed there Asylum case there and waiting for some kind of call or interview from United nation office they are in Bangkok more then a one year and this family admited in serious problems no work permission for work and that kind of some more.
I need some help from you to suggest me any way or tell me some process that they can move there case in America or any organization which can help that family,
Please if you know any kind of possibility then let me know.
Thanks
I do no know much about this – If they can get to the US, they can apply for asylum here, but that is not easy. There are many refugees in Thailand waiting for resettlement to another country, and I imagine that there are NGOs there that help them, but I do not know of any. I have contacted lawyers in Bangkok before – I found some using Martindale Hubble, which is a website that you can Google. You might also try Avvo. Maybe if you contact a lawyer in Thailand, he/she will know more. Good luck, Jason
Hi Jason,
First of all thank you so much for this insightful blog, it’s very helpful and one of my favourite blogs!
I would like to ask you please about my case, but let me first summarize it:
I am Syrian. I sought asylum on July 30, 2013 and till today I haven’t been interviewed.
On March 2014, in response to a letter that my lawyer sent to the USCIS requesting if I could be interviewed in Chicago (I was in Ohio until July 2015), the USCIS just repeated that they cannot interview me in Chicago because they have a big backlog of cases. I finished my Master’s degree and I moved to Massachusetts to start my PhD and yet nothing happened.
On Aug 4, 2015, my case was transferred from Chicago to Newark Asylum Office because I moved from Ohio to Massachusetts.
According to the last Affirmative Asylum Scheduling Bulletin, people who filed in Chicago on May 2013 have been interviewed on September, October, November 2015. And the same for people who filed in Newark, NJ on May – June 2013, (they also have been interviewed on September, October, November 2015).
My questions are:
1) Since my Recipient Number: ZCH… indicates to the Chicago Asylum Office, shouldn’t I receive a different USCIS number (Newark Asylum Office (ZNK)?
(Chicago Asylum Office has notified my lawyer that they have transferred my case to the Newark Office)
2) Why I can’t check my case online?
3) I don’t know how the process would work in my case since it was transferred from one office to another, would that affect my case? if not (given the fact that I filed my case on July 30, 2013), dose that mean I might hear back from the USCIS very soon (according to their Bulletin)
Thank you so mcuh for your time and thoughtfulness, I really appreciate that!
D
You cannot check an asylum case online. If you move, you are suppose to keep your place in the queue. Your interview well probably be in Boston, which is a sub office of Newark. Their schedule is not posted, and I believe it is slower than Newark. You can email Newark to ask. Their email address can be found by following the link at right called Asylum Office Locator. Take care, Jason
Thank you so much! I really appreciate your time and advices!
Best,
Hi,
Mr Jason,
I have something to know actully i applied my work permit after 150 days of file my asylum application now im planing to move from NYC and im little worried if i make a move is there will be any problem or delay to get my work permit or is it ok ? the mailing address is fine they said when they will get mail they will send to me on my new address,
and one more thing how long it usually take to come permit after apply,
Thanks.
The work permit takes about 4 months. The post office will not forward it to you, but if a friend receives it at the house. That should be fine. You can also file a form AR-11 to change address, but that could create delay for you. If you move, you do need to change your address with the asylum office; it is best to do that after you receive the card, as long as the old address is good until then so you can get mail. Take care, Jason
Hi, I have two questions. I has a granted asylum, to apply for a green card I have to send the application form after one year of my granted day or I can send the form 3 months before the year?. and the second question is my passport is expired and the company where I work wants me to go out of US for work, I can travel just with the advance parole?
If you Ave asylum, you can travel with a refugee travel document – it is much better than advance parole. You get it using form I-131. As for the green card, we used to tell people to apply 30 days before the one year, but then someone got rejected. Now we recommend that you file at the one-year anniversary of asylum and no sooner. Take care, Jason
jason i have an idea! why dont you create a post where everyone can put his timeline and you have a large number of followers which can create a database about whats going on on each office and put the link on the right like the scheduling bulletin ?? that can give ppl some hope/idea
thanks alot
It’s a good idea, as it would give us more data about the time frame, but I just don’t have the time. If you learn of such a website (or create it yourself), I would be happy to provide a link. Take care, Jason
Hello Sir,
I hope you are doing great. Sir I applied for asylum at Houston Tx in January 2015 with my only dependant my 2 year old son. I did my fingerprints in February 2015 and received my first EAD in October 2015 along with my son ead. Sir Jason with due respect my queries are as follow:
1) If i move to a new address with same zip code and state will it effect my pending asylum case?
2) If i reapply for my second ead from my new address will it make any changes or effect my pending case or ead clock and can I change my new address on uscis website?
3) Is it necessary to reapply for second ead for my 2year old son as he is my dependant? (through his first ead i have his social security card)
4) Once you replied to someone’s query that Houston is the difficult office to win asylum, please can you explain me why is that so? m really scared.
I always follow your blog and appreciate all your work and your kindness towards all who are in need of special advice. God bless you and your family.
THANK YOU.
Here you go: (1) No, but you must file a change of address, form AR-11; (2) Once the clock reaches 180 days and you have your EAD, it has no effect if you move; you just need to file the AR-11; you can do it on-line, but we always also give a hard copy to the asylum office; (3) only if you want to, since I think he will not get a job just yet; (4) statistically, it has the lowest grant rate; the official explanation from USCIS is that the TX office has many gang-related cases from Central America, and those are very difficult to win. So maybe if you are not from Central America, you will have a better chance to win at that office, I am not sure. Good luck, Jason
Thank you so much Sir. God bless you and your family.
Hi Jason,
Not that im being stupid or anything whats the difference between an EAD and a work permit i a bit confused and how low does it take to acquire both.
No difference. The technical term is EAD or Employment Authorization Document. People also call it a work permit.
hope for asylum seekers in 2016
asylum offices is hiring 200 new asylum officer for fy2016
(so from October 2015 to September 2016). which is currently 350 officer so hopefully staff will go way faster in 2016
They have been trying for a while to hire new people, but it seems they are finally actually increasing the numbers of officers, so maybe – hopefully – things will start to move. Take care, Jason
yup jason they were planning on 5 AO classes in 2016 but they even increased that now to 7 so they seem pretty working on increasing the number in 2016
Hi Jason,
Thank you so much for answering my address change related question. My family also included in my asylum case. Do I need to the file address change for my every family member as I already file it. Thank you so much again Jason.
If their case is part of yours, you need only change the address for your own case. Take care, Jason
Hello, Jason, thank you for your very useful information regarding asylum.I applied for asylum in Santa Ana, CA office in Sep 2015 and is waiting for the interview but actually I want to travel out of USA to see my family, to the country which is not my country that I applied based on.What happen exactly when I want to re-enter in the USA?
It is possible to travel. You need to get Advance Parole, using form I-131 (available at http://www.uscis.gov). As long as you do not return to your country, you should be able to travel, but it can be difficult to get the Advance Parole. You would be wise to talk to a lawyer before you travel, to make sure there is no problem with re-entering. Take care, Jason
Thank you so much, Jason. All your answers are useful and thank you again to answers patiently.
Hello jason
I have a pending asylum case
I knew that if i withdraw my case and travel to my home country . I wont be able to re-enter the states by a visitor or student visa
But What if i applied for a ( family attachement ) later ?
I mean if i left the states now to my home country and after a while ( may be few years ) i applied for a family attachemnt ? Will it be denied too ? Or its something different ?
Thank you
If you cancel your case and return home, you can always apply to come back here. It may be more difficult to get a visitor’s visa to the US, but your asylum case should not affect an application for a family-based immigration case, or for certain other types of visas (H1b visa, for example). I do recommend that if you plan to leave, you tell USCIS that you are leaving and you cancel your case. Take care, Jason
Hi Jason Happy New year!
Appreciating your great work in regard to asylum I have one question. I applied for asylum in Texas office in May 2015 and is waiting for interview. I have got my EAD already and also got a job in Maryland. Since I am in probation and will be permanent employee in 6 months, I don’t want to change my address to Maryland from my Texas address. Is there a problem not changing my address?
Thank you very much again
TJ
Possibly – you will have to reveal your job at the asylum interview, and if they think you are lying about your address, they could cancel your interview and move they case. They might also think that if you lied about your address, you are lying about your asylum case. Maybe if you have good evidence that your “permanent” address is TX (driver’s license from TX, pay taxes there, have an apartment there, have family there, visit there sometimes), you can get away with it, but you need to be careful. You might want to talk to a lawyer to go into more detail on this point, as it is important and could affect your case. Take care, Jason
Thank you Jason for the reply.
I moved here recently, not even a week. And I am staying with a friend until i get my own apartment. Do I have to wait until I have my own apartment before letting USCIS know my new address?
Thank you very much
That is probably fine, as long is it is not too long. Also, if they mail you something now, will you receive it?
The address I had in Texas was my siblings so they can get it for me. But here since it is just few days I dont know what address I have to give.
Hello Jason,
I found your blog so helpful for all asylum related matters.
I have pending asylum application with Arlington office. I moved within the state to a new location so I submitted AR-11 form online and got the confirmation number via USCIS email.
But I am confused when I read change address instruction at the USCIS page. It is saying Step 1: File form AR-11 online AND Step 2: change address on any pending applications, online OR by phone.
I am confused about Step 2 that why we need to submit change address online again or by phone as it was submitted in Step 1.
I called USCIS call center for clarification but they could not understand my question.
Could you please elaborate the address change process. Thank you so much for your kind support and God bless you.
I am not sure about that. If you want to be extra cautious, you could also mail your change of address form to the asylum office itself. You can find the mailing address if you follow the link at right called Asylum Office Locator. Take care, Jason
Happy new year dear Jason.
I saw the calendar for Il, people filed in May 2013 have been interviewed from September, October and November 2014!
If I want to estimate when I will be probably interwed, from May 2013 to October 2014 there is 17 months. People filed in May 2013 took 3 months, that means probably I shall wait for 17*3= 51 months which is 4.25 years more!
Secondly, when do we expect to see the calendar update for 2016?
The updates are not as regular as we might hope, but I expect they will update it pretty soon. As for your calculation, I think that is not correct. The chart cannot really predict that far out for many reasons: Delays depend a lot on refugee arrivals at the Southern border, and that is unpredictable; they are hiring more officers, which may speed things up, etc. I think there are too many factors to predict; we will see how the chart progresses – hopefully you will not wait as long as you fear. Take care, Jason
Hi Jason. My husband and I sent our EAD renewal application a few weeks ago and we only received the receipt from USCIS with no biometrics appointment. Is this normal? Should I be concerned about it?? This is our second EAD renewal!! Thanks for your information.
We have had clients renew the EAD without another biometrics appointment. If you are very worried, you can always call USCIS. My guess is that if you received the receipt, it is in processing and you will get it. However, there are delays with renewals and in many cases, we are seeing people wait for about 4 months. Take care, Jason
Hi, Jason, thank you again for your very useful information regarding asylum. My lawyer filed my EAD renewal application last month, and yesterday I received the letter from immigration, saying that the amount of application fee is incorrect. I am really confused, and my lawyer is confused too, because he is sure he sent in the correct amount. so I really hope you could help me with this. Thank you kindly
Update, sorry Jason, I checked with my lawyer, he said I need to pay 380 dollars and 80 dollars for biometrics , I don’t get it… I called USCIS customer service they said only need 380 will do, so I am confused, does that mean he sent more than they required so that’s why my application was rejected?
I do not know about that – we pay $380 (except for the first EAD, which is free). The biometric fee is usually only for people applying based on DACA.
Sometimes USCIS makes a mistake – there is no fee for the first EAD while the asylum case is pending. After that, the fee is $380 and the check is to “Department of Homeland Security.” If you got all the correct the first time, resent it with a copy of the instructions and highlight the fee amount. Take care, Jason
Thank you so much, my lawyer did send wrong amount 🙂
Hi Jason. I submitted my renewal application a couple of weeks ago and received the application receipt but no biometrics appointment. Reading this post I wonder if I’m going to have this same problem?? Should I be concerned about this?? This is my second EAD renewal. Thanks
Jay, you don’t need to worry about biometrics, if you are renewing you only need to pay for 380 renew fee, that’s it.
Delay seems to affect most people. Probably you will receive the biometrics appointment soon. We have had a few clients who got the EAD and never had a biometrics appointment, so I suppose that might be a possibility too. Take care, Jason
I have applied for Affirmative Asylum, I don’t know how long it can take. Looking at the long delays and unpredictable nature of the whole process can I apply for skilled Immigration in any other country like Australia, Canada, Newzeland while I am here US and my Asylum application is pending.
You can apply to any country that will have you. If you receive permanent status in another country, your asylum case will most likely be denied, but I suppose that would not be a problem if you have already moved somewhere else. Also, by the way, there is also a process to immigrate to the US as a skilled worker, though you would have to talk to a lawyer about the specifics of your case to see how it would work for you, since you already have a pending asylum case. Good luck, Jason
Thanks Jason for the response , i wanted to know that while I am in the process of applying for the skilled immigration will it affect my current Asylum application(pending in process) or EAD or anything related to it .
Thanks
Asad
It will not affect the asylum case – as long as it is not inconsistent with the asylum case. In other words, if you claim you graduated from University X in the asylum form, you have to say the same thing in the other immigration forms, since USCIS can check this. Take care, Jason
Thanks Jason , will it affect my pending asylum application or EAD or anything related to it , while I am processing my skilled migration application for USA or any other country.
Regards
Asad
Hello Mr Jason
hope you doing great, just a quick question:
As i got my grant and I-94 now i would like to apply for my spouse, do you know how long it will take? and what is the steps to take, i research the net and USCIS website and found the forms which is I-730,
i need advice should i hire an attorney to do the case? and what is the rule of attorney or how he/she can help in the case?
i really got confused as i read different things in net, but the process looks pretty straight forward according to USCIS website, but i scared to apply so i need advice in this,
Thank you so much
Regards
Mustafa
The I-730 process is not so bad, though it can be confusing as different embassy seem to have different requirements. You can always hire an attorney if you want. If you cannot afford that, you might try Goodling the International Rescue Committee – their office in Baltimore, MD helps with I-730 forms, and they may have other offices around the US. Also, you can probably do the I-730 yourself. I would only follow instructions you find on the official USCIS website, however, and that is: http://www.uscis.gov. Take care, Jason
Hi Jason, I have one question. I’ve started my case in February 2014 in Oakland, then I moved to Las Vegas. When I checked dates that are getting interviewed in San Francisco are getting interviewed cases from November 2013 but LA is only on August 2011, does that mean that my case is gonna be considered as LA case because I’ve changed address? Thank you
According to USCIS, if you move, you keep your filing date. So you should be interviewed according to your original filing date at the new asylum office. Whether this actually works in reality, I am not 100% sure, but that is what they tell me, so at least that is what they are trying to do. Take care, Jason
Dear Jason,I left a comment hoping for help but it appears it has been removed.I do not use my email address because of all the harassment.May I ask why it appears my comment and any possible replys don’t appear on the asylumist blog?
I try to reply to all comments, and so perhaps I missed it, as I was away on vacation. You can try again (and do delete redundant posts, but that should not affect your comment).
Good day dear Jason,
I applied for asylum since October 2014 in Chicago Aslylum office, I’m living at Champaign Illinois. I ‘ve done fingerprint since November 2014. Since that time I never received any scheduled interview date, my case still pending I don’t know why. I’ve already work permit and working for now. Do you know if Chicago asylum office still working on cases or still interviewing people?
Why I don’t have interview date up to now? Please need your advise.
The whole US is very slow now. There is a link at the right called Asylum Office Scheduling Bulletin. If you follow that, you can see who is being interviewed in Chicago now. Take care, Jason
Dear Jason,
Please I need your answer to my question.
I have no specific info about the Chicago office. You can always email them to ask. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi, I filed late asylum .my adviser said I can work on my socialsecurity since I have it already . Now he says not work on Social coz I didn’t Apply work permit yet , and could be denied if I work on social.
To world lawfully in the US, you need the work permit. You can apply for that 150 days after your asylum application was received. The Social Security Number without the work permit does not allow you to work. However, for people who work unlawfully while their asylum case is pending, there is no effect on the asylum application. Take care, Jason
Good day, Mr. Dzhubow
I have the following issue, can you please give some professional advices:
We submitted our asylum application in late June 2014, then we were interviewed late August 2014 in Arlington, VA office. Late January 2015 we have received an NTA that our case was transferred to the Philadelphia Court (we are living in Pittsburgh, PA). When my attorney tried to expedite the Court Hearing Date, they have rejected saying that USCIS office haven’t served NTA to court yet. I went for local ICE, Court and made Infopass. At Infopass in local USCIS office they told me that my case was delivered back to Arlington office without any explanation or internal message. Now we are going to Arlington office. What do you think? Why do they sent it back? Thank you in advance
Maybe the case was returned to Arlington. You can contact them to ask (follow the link at the right called Asylum Office locator, and you can find their email). Good luck, Jason
Hi,
I would like to sponsor my chef (Indian food) who has around 8 years of experience and is in the us as a political asylee (case is not still approved but has legal right to stay here). I was wondering if I can as a corporation owning 3 restaurants sponsor him, if so which category of visa would be the best route to go.
Sorry – I do not do business immigration and so I cannot assist with this. However, to sponsor him may require that he leave the US and return with a new visa. This can cause problems and you should certainly consult with a lawyer before you start the process. Take care, Jason
Sir,
I would like ask does mean in asylum cases first catogry or second,third catogry? Would like explain in?
Thanks
I am not sure what you are asking about.
Hello Jason,
I have filed my case in NY, but recently moved to a different location within Brooklyn. I updated my address with USCIS. Will it cause delays now or it does not affect unless you dont move your case from office to another?
Thanks a lot.
You can check the Asylum Office Locator (link at the right) to see whether this will cause you to change asylum offices. If so, it might affect the work permit. USCIS is changing this policy, so that moving should not affect the work permit process, but I am not sure whether everyone at USCIS knows that there is a new policy. If you have trouble, you can contact the asylum office to make sure your “asylum clock” is still running. Take care, Jason
Jason, thanks a lot for your prompt response.
I moved couple of miles actually, I am in the same state. Do you think just the fact of changing the address might cause a delay or delays are caused when you move your documents for example Chicago office to NY?
It only maybe causes a delay if you change asylum offices when you move. To know whether your move will cause you to change asylum offices, you have to check the Asylum Office Locator – sometimes a move in the same state (especially around NY city) will cause you to change asylum offices. Take care, Jason
Hi Jason,
Thank you very much for you wonderful helpful blog.
My Sister and I ( two ladies in our late 20s) both live in New York but upon our research we decided to apply for asylum trough a well known LA lawyer to file our case in New York office.
In January 21, 2015 he filled our both asylum case and right away he told us after 6 months he can apply for Mandamus for us ( addition to what we paid him per person we agreed to pay $$$$ per person and he mentioned in our contract that upon filing the mandamus case withing 100 days we should receive the interview date letter… He filled the both mandamus cases in August 14, 2014 ( after 7 months from filling the asylum)… 106 days after the mandamus case date I called him to do the follow up but he said rules has changed my mandamus is getting delayed and if we withdraw our mandamus cases our interview will be scheduled in 4 to 5 years and if we keep the mandamus the interview date will be in 15 to 16 months….
After many email exchanges and with him ! he refunded our mandamus money and he told us to not be be worry as New York offices are interviewing May 2014 candidates and we should be getting the interview in less than a year… and two days after he called me to tell me we should not get heart attack if we receive a letter mentioning My Sister and I interview is on November 20. 2017 at the SAME TIME ( whereby he is the representative for both of us-how could he possibility be in two different office room unless they decide to interview my sister and I in the same room!!!!!!!!!!!) and he said this letter is upon the mandamus case and we should ignore it as he has withdraw my mandamus case so our asylum should go through normal procedure and if we don’t get interview date in one year at least we have the backup reserved date!!!!
we asked him to forward us the letters ( as we have not received any scheduled interview date letter yet…. and my letter was written on Nov 24,2015 and my sister letter on Dec 09,2015!!!!!!! so it means he did have the letters even before we ask him to withdraw the mandamus!!!
one of the letter is signed and the other letter is not signed… the format of two letters are a bit different… I sent him and email and waiting for his response to my following Questions… after reading all the great discussions and comments here I thought its better to share it here with you and others and ask for your good advises please.
1. Had applying for the writ of mandamus stopped the clock on our asylum cases and this is why it’s two years from this point?
2. Also, is receiving this letter now, so far in advance, a result of the mandamus filing or is this typical procedure to get a letter this early?
3. What if any was the outcome of the mandamus case? How did his colleague in New York receive these letters before we receive them
4. Upon scheduling these interviews, didn’t they realize he is representing both me and my sister and couldn’t possibly be in two places at once?
5. What if anything can be done to get our interview dates to be as per the websites schedule?
Many Thanks in advance,
Pama
I have never seen a situation where the interview was scheduled by the Asylum Office in 2017 – are you sure your cases are not bin court? Maybe it could be due to the mandamus, but normally, they never give notice of an interview more than a few weeks before the interview (it is impossible for them to predict their schedule beyond that time frame). If the case is at the Asylum Office, it is possible (at least in my office) for the lawyer to attend two interviews in the same day – we just contact the asylum office and tell them, and they (usually) put both interviews with the same officer. For me, the whole story of your mandamus case is strange. It might be worthwhile for you to consult a different (hopefully local) attorney about what is happening, and to show the new attorney all the documents. That way, if attorney #1 did something wrong, you will know. Good luck, Jason
I applied for asylum on July-2013 at Miami asylum office , and i decided to change my address to New York , my question is that any risk for my case and if i transferred my case can i get my interview early because Newyork now get interview for who applied on may-2014 ?
BR,
Monda
Supposedly, if you change offices, you keep your original filing date for purposes of the interview, which would mean if you transfer the case to an office with sooner interview dates, you will get the interview sooner. I am not sure whether I believe this, but USCIS says it is true. Take care, Jason
My other question, in asylum status can we apply for F1 or H1?
If you have no other status except asylum, you would need to leave the US to get an F1 or H1 visa. Before you do that, you should consult with a lawyer to make sure it is possible, as it may not be. Take care, Jason
Dear Jason, Please suggest me on some of my doubts
Is asylum is a status in the US.,
my husband and me have already registered petition on the base of my brother who is a US citizen before 2 and half years ago and my husband has also applied on asylum. we are in the US, does my husband’s application on asylum affects our petition? In asylum status, can we work or not?
A sibling petition takes many years, and you will most likely be required to leave the US if you want to get your green card based on the petition. The pending asylum case does not help you. On the other hand, the asylum should not affect the family petition. Take care, Jason
Hi jason Thanks for your advice here i am pasting the report from your website which is as under:
Most recently, the Asylum Office changed its policy and is now interviewing old cases before new cases. This means that new cases will probably take one to two years before the interview. Previously-filed cases will be interviewed in the order that they were received by the Asylum Office. Our oldest backlog cases–filed in April 2013–have just been scheduled for interviews, so we are starting to see the effect of the new policy.
according to this april 2013 case are being scheduled but my case was filed in january 2013 i still dont know where is it did they skip my case or what happened with it i mean what can be the possibilities and what should i do
thanks again for your time and great work
If your case was filed in Arlington in January 2013, and you did not get an interview, you should contact the asylum, office to ask about it. You can find an email address if you follow the link at the right: Asylum Office Locator. Take care, Jason
Hi, Jason, I am sorry I have another question. Hope you don’t mind :)I filed my asylum case in Seattle in July, 2014. I wrote an email to uscis San Franc office, and they responded today, with their scheduled interview for Seattle area, they say they are currently interviewing people filed in December,2012 in Seattle, WA. I also checked on uscis website affirmative asylum schedule bulletin in October,2015, under San Fran Office, says interviews are for September,2013. So I am really confused now, does that mean the bulletin only reflects those who filed in San Francisco?And asylum seekers in other states would be way late for the interview? If you could clear that confusion, that would be great Thank you kindly Jason!
The bulletin is only for the main offices, not the sub offices (like Seattle), so it does not apply to your case. Take care, Jason
Hi Jason,
I would like to thank you as always for your amazing job regarding asylum.
My question is, I am hoping to get my EAD soon and also hope to get a new job soon after i get my EAD so i was wondering if the company can process H1B or labor certificate for me. It looks my interview time is going to take long because of the backlog that is why I was looking for other faster options. I first came here with B1/B2 and applied for asylum before my I94 expires.
Thank you again,
TJ
I think if your B status expired, you cannot change to an H1B without leaving the US and re-entering. However, it sounds like you have no unlawful presence here, which means you should be able to do that. Of course, in a case like this, you need to talk to an attorney who can check the specifics of your case. Good luck, Jason