Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hi, Jason. I applied for political assylum, but i didnt include my wife and children, because they are in my country of origin. When they can come to US ? ( They already have American Visa )
Thanks
If they have a valid visa, they can come now. You can also petition for them if you win your case, though that takes several months. Take care, Jason
Hi, Jason!
Hi, everyone!
Did my interview on May 10th, feel good about it, just being a little uncool while waiting for the decision ^- . And I would like to share with people my interview experience.
I was interviewed in Seattle, the AO come from San Francisco. I was waiting on the second floor for about 1 hour, there were a lot of people, a little bit noisy. Suddenly, a nice lady with a sweet smile came to me, asking ” R U …?” I was surprised, how does she know my name? Then she told me that she saw my picture and recognized me, and that she would be my AO. She asked for supplemental docs, I brought 3 copies, but she only took one. She told me to wait for another half an hour and went back into office. At that point I already knew that the interview gonna be pretty good. 45 minutes later, she started the interview. We went through the I-589 and the affidavit I submitted. She asked no difficult questions, and we had a really nice conversation. She told me my story is so credible, and at the end, when I asked about “intend to deny” she also told me to stay positive.
So, I reckon the interview went pretty well. And hopefully I can get a positive decision soon. But, even so, I still feel little anxious to get the decision, cause it’s so big a thing in my life, right? I check the status on USCIS page everyday, hoping that it’s gonna change to Card Production status.
Thanks again for your former advises, Jason!
Glad you feel good about it! You’re story/paragraph made me smile! Keep the positive vibes up! Good luck 🙂
Happy that everything went well.
I hope you will get a positive answer.
May I know how long did it take for you to get interview appointment from the time you filed your case?
Thanks.
Good luck. Also, be patient – the Asylum Officer’s decision has to be approved by a supervisor and security checks must be completed. All that can take time. But hopefully you get some good news soon. Take care, Jason
Dear Jason i appreciate your fruitful advice again and again.
Mr Jason i applied for asylum before one year still i am not called but i change my address and i fill the form for change of address and send a nail before 7 month and again before 3 weeks for the same address change but still they do not send me a confirmation mail , please what shall i do i panicked, i try to send on online and when i fill my case No the system does not recognize, what minse are you recommend me ?
Thank you
Send the change of address directly to the local office that has your case (you can find the office and its address if you follow the link at right called Asylum Office Locator). You can also contact the local office by email – or better yet, in person – and make sure they received the change of address. Normally, the office will not acknowledge that a change of address was filed, so probably there is no problem. But it does not hurt to double check. Take care, Jason
Hi Jason,
Thanks for the encouragement and keep up the good work.
Could you please answer these questions for me?
I would like to seek asylum in the USA but I divorced my husband back in my home country before coming to the USA questions are, should I include him in the application even as we’re divorced and he’s married to someone else? Is it possible to file for asylum on my own without an immigration lawyer? Because the few lawyers I have called I can’t afford their retainers fee as I an not working do you think this will dampen the chances of my application from getting approved? As I fled my country with my four kids I didn’t get the opportunity to bring all the evidences I gathered except the one on my phone, i’ve been trying so hard to get relatives to help me reach these documents and send them by courier but it seems everyone is afraid so I am thinking of going ahead with our application before our one year deadline expires with online newspaper articles that has to do with circumstances surrounding my situation in my country and thesis from experts and hopefully before the interview i’ll get the evidence sent to me, do you think this is a good idea? I await your reply.Thanks.
The most important thing is to apply before the one-year deadline; otherwise, your case will likely be denied. It is helpful to have a lawyer, and – statistically, at least – it increases your chance for success, but you can apply without one. Your case will take a long time (usually at least 1.5 years – depending on your asylum office), so you will have time to get more evidence, and you can submit it later (though usually you need to submit it at least a week before your interview). As for your husband, if you are legally divorced, you need to note that in the check box on page 1, but you do not need to provide info on page 2, since you are no longer married. If the issue is relevant to your case (and even if it is not), you probably should submit a copy of the divorce document. Take care, Jason
Mr Dzubow,
I have a question,
You have answered to the last user “The most important thing is to apply before the one-year deadline; otherwise, your case will likely be denied.”
1. My case was submitted about 10 days after the 1 year period, after that I was taken fingerprints and got my EAD, do you think I will face denial?
2. How often do asylum seekers need to submit their fingerprints?
Thanks in advance,
There is a one year bar. At the time of the interview, if they see that you don’t have a compelling reason for not applying within one year (and compelling them is very hard, such as your country conditions changed in those 10 days after that year which made you feel you needed asylum-which I doubt is your case), then you will be bared from asylum and your case will be denied.
There are other exceptions – for example, if you were still in-status at the time of filing. I recommend you discuss with a lawyer, as this is very important and many people are denied due to the one-year bar.
The fingerprint rules seem to keep changing. It is not so often, but if they send you a notice, you will need to be finger printed again. If you missed the one-year deadline and you do not have an excuse, it is a problem. You might want to discuss it with a lawyer to see whether you have an excuse that will help you. Take care, Jason
dear sir
i am Indian i am seeking asylum can you advised me which country is best and granted asylum for husband and wife and 2 kids one is 2 year and one is 8 year my family on basis of political asylum we are graduate in education
kindly advice us
I do not know – you have to decide where you want to go. But the US is very slow. Asylum cases can take 2 to 5 years, which for many people is too long. Take care, Jason
hi,
thanks for updating the blogger. i have few questions
I have applied for political asylum and notice of receipt NOV 20 2015
in chicago.
1 – i was tortured to death in my home country by a political party ( i was working as social worker for them). and i do have medical proofs + my entire body is still have marks . in this scenario if my asylum still denied what options i have .
2- i have applied EAD on May 2nd and on May 18th 2016 it will be 180 days completed. now a days how long uscis is taking to process EAD.
3- i have job offer ( $90,000 /anum) but can not join as my EAD is still not in my hand. i have family (wife +kids) and i need money to survive . how can i request uscis to expediate my EAD.
Once again thanks Jason ,
br
syed
1- If your case is denied, it will be referred to an immigration judge where you can present your case again for a second time. 2- It takes about 4 months to process an EAD. 3- Having a job offer does not mean you can expedite your case. Unfortunately everyone has to wait that period and there isn’t much that you can do to expedite it. Hope this was helpful.
I know of no way to expedite the EAD; I have heard about some people getting them in a month, but we are seeing them take 4 months in most cases. It sounds like you have a strong case. If you lose, and you are out of status, you can re-apply in Immigration Court, but at that point (and even at this point), you might want a lawyer to help you. Take care, Jason
thank
Hello Jason ,
Thank you for your info ,
I have done my fingerprint on Feb 26 , 2016 but when i try to check my asylum status on the USCIS web-site it keep pooping up saying i don’t have a valid receipt number and i am sure i put the correct receipt number ?
2. when i get my EAD is it okay to work in different state than the state i applied ?
Thank you !!
1- You cannot check the status of your asylum case online even if you have a receipt number. 2- You can work wherever you want in the United States once you get your EAD, though it is your responsibility to inform USCIS if you move. They must always have your current physical address on file. Hope this was helpful.
You cannot check asylum status on-line. You can work anywhere in the US with an EAD, but you need to submit a change of address form if you move your address. Take care, Jason
Sir,
I would like to say that i have applied affirmative asylum case in Ohio Columbus on dated 12-4-2015 received receipt and also finger print process has done,now my question is that when will my interview will be held? please answer my this question.
You will be interviewed in an average of two and a half years to three years. Check the asylum bulletin.
No one knows. You can check the Asylum Office Scheduling Bulletin to get some idea. If you are not sure which asylum office has your case, enter your zip code into the website Asylum Office Locator. Both websites can be found if you follow the links at the right. Take care, Jason
Sir,
I have been following your posts closely and I appreciate the good work you have been doing.
Although It must have been answered hundred of times, I still have some queries.
**The Newyork office seems to be at a very good and fast pace in regard to the interview, and my asylum office is Miami, would you approve my changing of the office?
Will I still have my Sep.2014 filing time frame ?
And what if they have had passed the date and have been interviewing the ones that filled later than me and I miss my turn?
I hope I am clear…
Thanks!!
For this millionth time, USCIS claims that you won’t lose your spot in line. In my opinion I don’t think its true because lets take you for an example: you applied in Sep 2014. Lets say you moved to New York and moved your case. There are people ahead of you there. If you get to keep your spot, then they have to wait longer and technically lose their spot. Now imagin this on a larger scope: more and more people move there because its an “easy” office, then people who originally filed in New York will eventually wait forever because more people are taking their spots. Thus I don’t think they actually let you keep your spot.
I’m not sure I agree – I do think USCIS will try to keep you in the queue, but that may or may not work. If it does not work, you can contact the asylum office to inquire about your status, and maybe that will help.
I wrote a blog post on February 25, 2016 that might help with the first question. If the asylum office skipped your case, you should contact them and ask about it. You can find contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I have gotten my asylum application returned because of a mistake that I made so my question is can I correct the mistake on the same paper and resend it or do I do need to reprint a new form?
You can do either – as long as the correction is clear and they can understand what you did. Take care, Jason
Hi Jason
Greetings of the day !!
I have question, my passport (indian) will be expiry in sept-2017, I will file my asylum case with in couple of weeks, as my visit status (10 year M) will expiry in June 2nd week, do I have to renew my passport ??, more over, i can only renew my passport more than one year before the expiration date of my current passport. is this make any difference to my case?
Kindly advise?
Dev
If you renew your passport, then you’re asking your government for assistance, thus you don’t fear it and don’t need asylum. That’s how the US government sees it.
It is better to not renew your passport – this is especially true if you are facing persecution from your government. If you fear some non-government group, it is less of a problem to renew the passport. Before you renew, you might want to talk to a lawyer to get a more specific opinion about whether it will impact your case. Take care, Jason
Hi Jason- I have a question . Is there a procedure to cancel an asylum case ?
Contact the local asylum office and tell them. However, it is not always so simple, and they are often difficult to contact. But you can try and it should work. You can find contact info for your asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason & Thomas
Thanks you very much for your valuable answer
Hi Jason,
We sent an affirmative asylum application to Texas Service Centre on 30th Mar 2016 which was delivered on 01st Apr 2016 as per FedEx tracking. But more than 35 days have been passed we didn’t receive any acknowledgement or notice. What could be the reason and what can we do? Me and my wife are very worried and tensed, kindly help. I posted the same query yesterday but somehow it has been deleted. Kindly reply.
Double check that that was the correct office to mail your case. If it was the wrong office, they will not send it back – it will disappear. If you check your local asylum office website, it will tell you which Service Center to mail the case to (you can find the website if you follow the link at right called Asylum Office Locator). You can also find this info on the instructions to the form I-589. If it is sent to the correct place, I would wait a few more weeks – sometimes, we do not receive a receipt; we only receive the fingerprint notice. Take care, Jason
Thanks a lot Jason, I checked the office too, it’s as per my residing address. What do u think refiling would be the solution or should I wait but for how many weeks?i don’t want to get out of status as my entry will expire by end of June though I have a 5 yr visa. Will this affect?
I’d wait a total of 6 weeks – then you can re-send it with a very clear note explaining what happened (you might also put the note on a colored piece of paper and highlight it, so USCIS will see it. If that happens, you should also file a Freedom of Information Act request (form G-639) to get a copy of the first filing. Good luck, Jason
Thanks a lot Jason. Your reply is highly appreciated. As Iam entering in my 6th week of filing so I’ll wait this week too. One more question as Iam here on a visit visa with 6 months entry but hold a 5 year multiple visa. As my 6 months entry is going to expire in end of June, will that affect my status or my case?
Once your 6-month period expires, you are no longer “in status,” meaning (among other things), you cannot change to another status without leaving the US (there are a few exceptions to this rule). However, because you applied for asylum, you are permitted to remain here legally. Take care, Jason
No it won’t affect your case. Its not like you need to be in status to be able to apply for asylum. Anyone can apply for asylum, even people who entered the country illegally or have gone out of status. Having status does not make your case look any better either.
Dear Jason,
I would like to ask you a question.
I have asylum statut , I just receive my travel document.
Which country I can go without asking for a visa/
I would like to visit my sister in Europe.
Thanks for your help
Mary
Germany will let ypu in without a visa. But be carful, you have to stay within Germany. This doesn’t grant you the Schengen freedom of movement. You can find more info on the German embassy’s website. Read the last paragraph carefully. http://m.germany.info/Vertretung/usa/en/03__Consulates/Los__Angeles/03/Visa__Procedure.html
You need to talk to the embassies of the countries you want to visit; some embassy websites discuss the policy towards the refugee travel document, so that is a good place to start. Take care, Jason
Dear Mr Dzubow,
My lawyer filed my assylum story with its other half missing.
Later he refiled it its full contents.
About 6 months passed since filing of my case.
But I still think it still does not give the full picture of my situation where it was translated from another language into English.
Do you think that the story can be modified?
If yes, to what extent?
Thanks.
Yes. As long as you send it to the asylum office before your interview. How early? You have to contact your local asylum office and check their rules.
You can add details or make changes, but if you have previously given different information to the US government, you will need to explain the change. We do it sometimes, and generally it is not a problem, as long as there is an explanation. Take care, Jason
Both replies are appreciated.
Thanks.
Hi Jason
First I really appreciate for all your support through the web.
I have few questions as under,
1, I am citizen of India , came here 2nd time on b2 legally and still have couple of month validity, I want to apply for asylum , and my wife and son in my home county , if I apply and get EAD then wife and son can come on my basis ??
2, my brother is USA citizen, can I file asylum first or file green card
pititation first, which is better option??
3, asylum procedure lead time ??
4, kindly suggest good lawyer in SFO , California
Kindly advise asap
Can you fill green card because your brother is a US citizen??? Where did you get that info? You cannot sir.
Yes you can. If he’s over 21 years of age. A simple Google search would get you there. https://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents
You can – look at the instructions for the I-130 (available at http://www.uscis.gov). The waiting period for sibling petitions in about 10 or 12 years (google “DOS Visa Bulletin” and you will see), so it is usually not very useful, but you can do it. Take care, Jason
Actually you can but since it will take forever and I am pretty sure you want a faster way to get a green card I said you cannot. But Yes you can.
1. No. Unless you win asylum, you can’t sponsor them here.
2. If he’s a US citizen over 21 years of age, he can apply to sponsor you, but this process is very very very long (could take up to 22 years to issue you an immigrant visa! You have to wait in India meanwhile.)
3.Asylum times are very confusing right now. But in general, it’s about 2.5 years of waiting. every office is different.
I agree with 2 – When I responded, I forgot that you were from India, which has slower wait time. You do not necessarily have to wait in India – you can wait anywhere, but if you want to wait in the US and get your status, you need to find some way to remain here legally for all that time, which is not easy.
1 – your family cannot come here based on the EAD. You need to win your case and then file petitions to bring them.
2 – Your brother can petition for you, but the waiting period for sibling petitions in about 10 or 12 years (google “DOS Visa Bulletin” and you will see)., so probably that will not help you.
3 – I do not know what this means
4 – sorry, I do not recommend lawyers on this website
Good luck, Jason
Hello Jason
I appreciate your advise, more over my family apPear for b2 visa this month, mean while I try to file my asylum case, if they got b2 visa and if they come here before I file asylum or they come after I file my asylum , is there any problem for my wife or son at airport in both situations, kindly guide,
Once again thank you very much for such great services
If the border agents think your family will violate their visas, they could be denied entry at the airport border – or detained if they ask asylum at the airport. This is very unlikely, and I have not seen it before, but it is possible. Take care, Jason
thank you very much Jason and Thomas , appreciate your valuable guideline, thanks ,
sorry I have forgotten the form which I have fill I-765 also sent with
thanks for your time
God bless you and your work
How are you dear sir
I appreciate your advise and help , I have some question about my asylum , I have asked EAD for the first time and I want to know that am I sent to correct address , document and when will I get the receipt .
– The address which I sent is 2501 s. state HWY 121 business ,suit 400 Lewisville ,Tx 75067
– category (c) (8)
– Attached documents ; 2 passport size photo ( written A # and name with birth date from the back ) , copy of passport , copy of I-589 receipt letter
those are the documents which I have attached and sent
so is that enough or needs more document ,if so when will I get the receipt letter
I cannot give specific advice about what to send, but if you read the instructions for the I-765, it will tell you. You should get a receipt in 3 or 4 weeks and then fingerprints. If something is missing, they will send you a letter listing what else you need to send. Take care, Jason
How early can you file an EAD renewal?
120 days before the expiration date.
My question is i am currently on H1B which is valid till sep 2017 but my manger is sending me back to india next month and i want to apply for asylum before that ,while i will remain legally here while aslum application is pending ,i will get ead after 9 months and i know until that i cannot work unless my h1b get transferred (i dont see that happening beucase of non willingness of companies trying to avoid hiring on H1B) .
Now i know h1b transfer to other employer requires 3 paystubs from previous employer so can i use paystubs recieved from my ead employment as part of h1b transfer application to transfer my h1b .i hope there is not such legal requirement thatmyi paystubs should be having a minimum wage beucase i am not sure what sort of job i will be doing on LCA.
The reason i want my h1b transferred is that i want to have another permanent resident application run in parallel of my asylum case becuase if my aslyum application falls into any trouble and gets rejected then i want to be in legal status .
If you dont know the answer ,could you please forward rge attorney detail who have experience working on both H1B and aslyum
I have a very strong feeling your asylum claim is bogus and is just for work purposes.
Actually my aslyum claim will go based on my homosexual orientation and it is not bogus .
1: Its called sexual orientation, and not “homosexual orientation.” 2: If you really were gay, you wouldn’t refer to it as “homosexual orientation” because you supposedly live it every day, and would know how to refer to it no matter how bad your English is. 3: If you really did fear for your life, you wouldn’t wait not one more day to file for asylum. Instead you’re asking logistical questions that have to do with looking for ways to stay “business wise.” I’m all for immigrating for a better life, but people have to respect the integrity of the asylum system. If you think I’m being harsh, wait till you meet your asylum officer/judge. And who am I to say all this? I’m no one, but this is a free country and I can say whatever I want. Welcome to America.
Nic ,
Could you please put your judgmenetal attitude aside from this forum ?
I am not sure what lead you come over here on this portal but anybody who is thinking of asylum would definately dont have a state of mind that they can perform spell check .
As far as my business visa is concerned ,that was just a way for me to come here and i came out after coming here in usa so you can understand i have no prior knowledge about this asylum .
Now i would request you to please end this discussion here so that others wont be discouraged to use this forum as a mean to find a solution of being out of the huge mental pressure they bear in their mind as much pressure as they cannot write the english which would be difficult for you to understand
I would not worry about what some anonymous person has to say. In terms of his “advice” and his evaluation of your situation, he clearly does not know anything about asylum law. You do need to get some assistance with the H1b/asylum combination, and if you plan to return to your home country as part of your job, you need to talk to a lawyer before you go, as this could be problematic for the asylum case. Take care, Jason
You can’t tell me to stop. Freedom of speech. It seemed like something very basic. You can’t even name the community right. I say whatever I want in my country. If you don’t like it, go back to India.
I do not know the answer, and I do think you need to talk to a lawyer about this. I cannot recommend anyone, but you might Google “AILA” – they have a referral service for lawyers. Take care, Jason
Hello Jason,
I have a question. I am currently in USA with a J1 Visa. I would like to apply for Canadian visa and go there. Once, I arrive in Canada, can I apply for asylum in Canada? Do you think third safe country applies in this case? I am not crossing the border illegally but with short term tourist Visa. I really appreciate your quicker response.
Your asylum application in Canada will be rejected. There is an agreement between the US and Canada which says that you should apply for asylum in the country you first landed in. If you managed to make it to the other, the later will deny you asylum. In your case, since you landed here first, you have to apply here.
That is generally true, but there are some exceptions, as we discussed in the posting from a few weeks ago. Take care, Jason
i dont think this is true .You can fly thier as a visitor and apply for aslyum from within canada .third country rule apply when you try to seek aslym at border while travelling from us to canada.
We did a blog post about this a few weeks ago – Take a look at that, as it may help. Take care, Jason
Hi, Jason,
Surprisedly, I just got my interview notice! And I can’t wait to tell you this good news!
INTERVIEW RESCHEDULE NOTICE: You and your family members on your Form I-589 have been rescheduled at your request for interview as shown below….INTERVIEW DATE:5/10/16 TIME:13:00
When I found this notice in my mailbox, I just couldn’t believe my eyes! Because I filed in March,2014, and a month ago I wrote to check status, they said that Seattle office were dealing with cases filed in Aug,2012. And I was seriously thinking about moving to San Francisco at the end of this year!
I don’t know why it say INTERVIEW RESCHEDULE NOTICE, cause I never get a interview notice before, how can I require reschedule, right? Probably it’s because long time ago I wrote a letter asking them to put my name on the so called “short list”, and somebody happens to reschedule his interview date, then I get this chance to be interviewed!
I would appreciate it so much if you could give me some advice on interview!
And I do have some questions about my case:
1, When I filed the original I-589, I said I ain’t fluent in English, But after 2 years, I am confident in my English now. So, if I don’t provide an interpreter, will it still result in immediate referral to an IJ?
2, I was divorced and remarried again, I have both marriage certificates, but I don’t have the divorce paper for the first marriage yet, cause it was in LA, I probably have to go there after interview. Do I have to provide the Divorce Paper at interview?
Thank you very much, Jason!
That is good news, and is probably because you put your name on the short list. At the interview, you can update your form I-589, including your English fluency. You should give USCIS all the evidence in advance (in my office, they want it one week in advance; I do not know the rule in Seattle), and you should give them the marriage certificates and divorce decree if you can get them. Good luck with the interview, Jason
Oh, really? I should give them all the evidence in advance? I only get the interview notice, and they didn’t require any documents or evidence in advance. I went to the office today, the lady told me that they have no access to any asylum interview case; The AOs come from San Francisco every month to here, and all the files are kept in SF, the AOs gonna bring the files here if they want to interview somebody. So, if I want to submit any document, I have to mail them to SF office, even if I give docs to the office here, they still have to send to SF office. And the lady recommend me just to show up on the interview.
So I decide to go to LA to get my divorce decree, just in case they need it.
Thanks a lot, Jason!
Maybe the rules are different in your local office. If you have not given them the evidence in advance, certainly you should at least bring it to the interview. Normally, you should bring the original (which you normally keep) plus two copies for them. Good luck, Jason
Jason,
I came to USA on work visa(H1B) in dec 2014 and working for my employer since then my H1B is going to expire in sep 2017(approved I797 but passport is stamped only till date 30 sep 2015) but my employer is sending me back to india in may end next month .
My question to you is that since it is more than 1 year that i have stayed here in USA though on legal status (which is one of the exception of 1 year deadline ) ,can i travel back to my india ,get my passport stamped till 30 sep 2017 and then return within 15 days and then file for asylum ?
The reason i want to go back once is to see my family .
by doing this can i make myself admitted to usa again and come under 1 year timeline .Do you think this is something on which USCIS will not raise red Flag?
Going back to India means you don’t fear anything there. You would be willingly “availing” yourself to your country, thus you’re in no need of protection. Being in the U.S. over a year in legal status does not mean you bypassed the one year bar. Legal status is not what they’re looking for. It’s the fact that you’re already present in the U.S. for a long time (over a year) and haven’t applied for asylum. If you really do fear for your life, you should apply for asylum right away. Hire an asylum lawyer to help you.
Thanks for your response Thomas .
Can i apply for asylum and then change back to H1B after 4-5 months when i have a project ?
H1B transfer usually require last 3 months pay stubs and i will not be having that until i get EAD
You would need to talk to a lawyer, as changing status may require you to leave the US, especially if the H1b visas are all used up for FY 2017.
Do you have reference of any lawyer who hold good knowledge of both H1B and asylum cases ?
I want to opt for h1b transfer so as to be safe to keep my status alive in case my asylum application gets denied.
I do not – you can google “AILA” and they provide lists of lawyer for different areas of immigration law. Take care, Jason
I agreed, though if you are lawfully present here and do not apply for asylum until after your first year in the US, you should not have a problem. We have done that for many people and it never caused anyone to be barred from asylum. Thanks, Jason
Whenever a person is here, returns to the home country, and then comes back to the US to ask asylum, it is a red flag. You will need to explain why you need asylum if you were not afraid to return to your country. Obviously, if something bad happens when you go back, that is an explanation, but if you have no problems in India, returning there may make it more difficult to win an asylum case. Also, I do not see what is the advantage to returning (other than to see your family) since it sounds like you are not subject to the one-year bar. Could you maybe visit your family and renew the H1b in a third country? Take care, Jason
Dear Jason Dzubow,
I have followed your blog and I have found it to be really informative. And please keep doing it!
The situation is that I am currently in the US with B1 Visa and I have found out that my brother who lives here in US, and a US citizen through naturalization, has a serious mental illness. He is not willing to return to his country of birth and I cannot leave him in this situations as he is alone. I have checked for the “I-130, Petition for Alien Relative” but I am not sure if this is the right approach. How can I approach the situation? Do you think there are options for me to adjust my status?
I know the issue is not asylum related but even if I am not going to get the perfect answer, I am sure you can share some of your experience.
Thanks in advance.
Sorry – I can only answer asylum-related questions. Briefly, though, the I-130 for a sibling is essentially useless, as there is a very long wait (over 10 years). You need to find another way to stay. I recommend you consult with a lawyer who can understand your situation and give you some ideas. Take care, Jason
Thank you for your reply!
hi jason! i hope you’re doing well.
i’m just wondering if derivative asylees can travel to their home countries?
They can – but it could affect the principal’s case or their own case. It depends on the circumstances of the case, so I recommend you talk to a lawyer about the specific situation before you go. Probably, the derivative can go and return without a problem, but it is better to check with a lawyer just in case. Take care, Jason
Hi Jason first of all i appreciate what you do , Jason i am asylum applicant it is one and half year since i applyed and still i do not get any promising ting but i have a work permit. To apply address change on form ER 11 ,i have only the receipt no of I 589 Starting with ZAR and 10 digit No, when i fill on the intery it denying and says “enter a valid receipt No ” what shall i do to file my change of addres
Thank you for fruitful support.
The form is the AR-11. You can print it and submit it directly to the local asylum office (you can find their address if you follow the link at right called Asylum Office Locator). I normally do not change the addresses on-line, so I do not know about that. But you can also mail the form to USCIS, and so maybe that would work better. Take care, Jason
Can I apply for asylum after my passport being stamped No AOS, NoC, no EOS
I do not know what all those things mean, but generally, a person can apply for asylum if they are physically present in the US. Take care, Jason
Hi Jason after my last entry been given no AOS, no EOS, no COS can I apply for Asylum ?
Hello jason,thanks for the last time. I have a question .is there any supporting documents asides the form i764 ead for asylum pending? I have sent my application since Feb 6 2016 and till now I cnt still get anything,I told my friend and she asked how I filled so I told her I only downloaded the form fill it and send without any supporting document. And I received a reply that It received and under processing.pls have made any mistake,and if yes what can be done pls.thanks
You should have also sent a photocopy of your asylum application receipt (the one you got from USCIS when you filed for asylum). Your case is going to take longer now. They’re going to send you a letter telling you that there are missing documents (aka supporting evidence), and you have to send it back, then they’ll comtinue processing it. You should have read the instructions carefully. It would have saved you time.
Wow. Ok pls what do i do now,am in new york and sent my ead application to Vermont but they sent me a notice saying they transfer my case to nebraska because of workload.wjat do u think I should do,should I send my asylum application receipt with a letter of why am jst sending now,and if so which service center should send it to .Nebraska where d application was transferred or still vermont?thanks
If I were you, I’d call the National Customer Service Center at 1 (800) 375-5283 (choose the options that lead to EAD’s for asylees) and tell them about this. they’ll know what you should do.
Ok.thank you so much Thomas. You hv been so helpful
That notice is not important – USCIS commonly transfers cases around depending on the workload.
USCIS may not reject it – they might send you a letter requesting additional evidence, but I agree that this will cause some delay (but if you reply quickly, the delay will be minimal). Take care, Jason
USCIS normally wants the form I-589 and a copy of the passport; later we submit supporting documents, like affidavit and evidence. For the EAD, form I-765, there are documents you need to submit – you have to read the instructions, as it depends a bit on the case. Take care, Jason
Thanks jason,I just contacted NCSC and they told me to send them a letter with my missing documents or I wait till they request for it which I think might take time .Pls is it advisable or legal to send it to them without them request. Has it ever been done that way.if so I can do that as soon as I can……please jason your humble advice .thanks….
I suppose you can send it now, but make sure your Alien number and the receipt number of your application is on the document. The cover letter should explain what you are sending them and why. Also, keep a copy of everything you send, as it may disappear into a black hole, and then you will have to send it all again when you get the request for evidence. Good luck, Jason
I need a assistance to file political asylulm as I am feared to go back to my country.
If you want to discuss hiring our firm, feel free to call us at 202-328-1350. Take care, Jason
Hi Jason
First of all thank you so much for your invaluable advice and guidance on asylum issues. I need some guidane from you regarding childeren and dependents during the asylum application filling time. During the application, I fill one of the depenent as my son because the dependent called by my name. He is my brother but he grew up with me all documents and certificates are named by me. But he is not biological son for me. I was taking care of him and he is living with children. Even his passport, school diploma and birth certificate named by me. He is over 21 years when I applied for asylum. I need he will be living with after I granted the asylum. So, what you say for me and what you suggest?
Best Regards
TSD
Because he is over 21, he is not your dependent and does not benefit from your asylum application. If he were your son, you could petition for him once you get your green card (you get that one year after you receive asylum), but the petition is very slow – as long as 9 years before he can get his green card. All that said, I do not see there is much benefit in listing him as your child when he really is not. If you were my client, I would advise you to explain that he is your brother, but that you have raised him as your son. This can be tricky, since you initially said he was your son, but if USCIS somehow finds out that you did not tell the truth, you will lose your case. I do recommend that you talk to a lawyer about this to get advise about your specific situation. Take care, Jason
Hi, Jason
I am asylum applicant in Minnesota. I applied in Aug of 2013, no interview yet. I just applied and got my EAD as well. I also just got an EAD from OPT. I am totally confused as to which one to use. The Asylum EAD gives me more flexibility to find job as it don’t have to be from the area of my study. Any advice will be helpful.
Thank you for your time.
It makes no difference if you have a job that qualifies for OPT. To me, you might as well use the asylum EAD, as that will be renewed year-to-year, and the OPT EAD will expire after a year and will not be renewed. Take care, Jason
Does a negative decision on asylum application ever haunt your chances of getting other nonimmigrants visa (H1B,B1 ,visitors visa) in future?
what other country do you think i can apply for asylum if get rejected in USA on grounds of homosexual orientation ? i know canada is not going to be one among them becuase of some safe thrid country agreement .
Maybe Canada – but you have to talk to a lawyer there first to evaluate your case. Otherwise, you can apply in any country that has an asylum system. If your claim is rejected, it certainly could affect your ability to get a new visa – H1b visas and immigrant visas (for example, based on a family member or employer) are less affected that other types of visas like B or F. If you wanted to return to the US, you might consult with a lawyer to get some advice about this, as there are too many variables to advise you here. Good luck, Jason
Don’t you think rejection of an asylum application also cause you getting asylum in other countries cause US immigration is considered the toughest immigration in the world and other immigrants country look upon my past history of asylum rejection and will base thier decision on it .
Maybe – but each country will make it’s own decision. My guess is that if your case is denied here, you will have a hard time in other countries, but that does not mean you cannot try it. Good luck, Jason
It is really killing me from inside and i started having suicidal thoughts .i tried to approach many attorney and they are not aware of situation about homosexuals in india.
unfortunately many people here thinks india is very liberal country and a democratic country whereas in reality homosexuals are treated like shit in india .People can stand with werns but want homosexual to die .many of the sucidal cases get unreported .as indian children are born and brought up to marry ,crossing age of 25 years makes a indian gay guy life hell.
BAsically there is one line that separate gays in india rich gays and poor gays those who are from rich class are manage to live thier life though in misery and mockery but still there are ways for them to live but for poor gays ,i really find it hard even to explain what an average middle class guys has to go thru.
I am so tired listening people arguments that i will not be able to win my asylum case .it is pathetic ,it is such a misrable life .
You explained it pretty well here, so my guess is that you can explain it pretty well to the asylum officer. We have done many gay cases in my office, from many countries, and they are generally strong cases because LGBT people are persecuted in many places. Based on what you are saying here, you seem to have a strong asylum case. You need to get evidence of your problems and the persecution you face, and you need to wait for a long time for your case to be processed, but these are the same issues faced by all asylum seekers in the US. I think you should not give up on this case, as you will likely do well, and if your lawyer is not helpful in this regard, you should find a new lawyer. Take care, Jason
Hello Jason:
My husband wants to apply for asylum but I do not. I am on F1 and my daughter is on F2. My question is: will his applying for asylum effect my or my daughter’s visa status? and if I apply for change of visa status from F1 to H1 for me and F2 to H4 for my daughter will there be a problem?
Thank you in advance.
Take care
Most likely, his asylum application will only affect you if you leave the US and try to re-enter with a new F visa. If you change status to H1b, that should not be affected by his asylum application. However, you may not be able to change to an F-1. My guess is that if you apply in the US, it will be alright, but if you apply overseas, it may be denied. I recommend you talk to a lawyer about it to be sure. Take care, Jason
Mr. Attorney,
I am from Syria and I had my asylum case interview recently in NYC. I had no attorney in my case. At the time of interview, the officer didn’t know about my case and I don’t know if he reads my file after interview or he decide on basis of what I said. He didn’t even asked any questions about all my papers. What do you think about this?
I have seen this as well. I think the officers should do a better job preparing – that is their job and they are supposed to do it. He may read it afterwards and make the decision based on what he reads and what you said at the interview. In any case, there is nothing to be done except wait and hope for a good decision. Take care, Jason
Hi Jason,
I have been granted asylum for the past 6 years, and then I applied for green card, who took 3 years and then a bombshell terrorist related.
I’m from Congo, where you don’t know who is the bad and good guy.
I was with Mouvement Liberation of Congo which sound like a heaven in my country. which I know now is the bad guy just for the election day I never even assist in their meeting nor their campaign. I was there just 2 months and left my country. I heard that they were out of the bad list in 2007, however I was there in 2006 june to August.
Can I respond to them HQ here? or? I’M lost what should I do.
please help me!!!
I do not understand your question – you are still waiting for the green card? If so, and if you think the problem is your former group (which certainly could be the problem), and if you have evidence that you were not involved in any bad activities, you can submit that evidence. I do not know whether it will help, but you can try – make sure to keep a copy of everything you send and include your receipt and Alien number on the submission. Also, you can make an inquiry with the USCIS Ombudsman, a link is at the right, which might give you more information about the reason for the delay. Good luck, Jason
Hi Jason,
I have a pending asylum application and my EAD got expired because when I tried to change my address (I wasn’t able to do it on line, I sent the AR-11 by mail) I didn’t receive any letter back, so I waited 1 month and nothing. So I tried something different. I used my SRC-number of my fist EAD to submit the change of address on line and I received a letter from USCIS approving my change of address (few weeks later).
Now, my concern is if this change of address is going to be reflected in my pending asylum application.
Now, my work permit is expired and I’m unemployed. Also my driver’s license is expired. I live in Florida. Is there a way to receive a temporary license or ID? I can’t do anything, because my passport is also expired (I can’t renew it for an obvious reason).
Thanks in advance for your help!
Best Regards
Albert
I do not know about the rules in Florida for driver’s licenses. In some states, you can get a license even without a valid EAD, but I do not know whether you can do that in Florida. I do think you should file a change of address form (AR-11) with the local asylum office, if you have not also done that. Hopefully, you get the new EAD soon, but USCIS is changing the rules, so for what it’s worth, you should not face this same problem if you have to renew the EAD again. Take care, Jason
Hi Jason
I applied for asylum as a gay person and got my work permit. I’m still waiting for the interview for the asylum but me and my partner have married already at the court. My question is, can I still go ahead with the asylum or file under my partner since we are legally married now?
thanks in advance
You should talk to a lawyer about your case. Assuming your partner is a US citizen, you entered the country legally, and there are no other factors blocking you, you should be able to get your green card through the marriage. It is worth consulting with a lawyer to be sure before you start the process. Once the green card is approved based on marriage, you can close the asylum case. Good luck, Jason
Hello Sir,
I had applied asylum previously and was denied,I was in status then. I am out of status now, so I reapplied for asylum again and sent to Nebraska a month later they sent a letter to me saying they transfered the application to San francisco for possible refiling since the I have not heard anything from San francisco. 150 days have passed, can use the courtesy letter I got from Nebraska to file for an EAD? I appreciate your thoughts on this matter. Thankyou in advance.
You can try, but I do not know whether that will work. Typically, if you are filing for asylum a second time, you should file the case at the local office (not the service center). I think you should email or go to the local office to inquire about the status of your case. You can find contact info for the local office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
My husband is an Asylum, his case is pending. I have been waiting for his interview but he has not been called so I applied for Asylum .my case is pending too. it’s been 90 days I m thinking to file adding my case on his and request for EAD .should I do that or should I wait the 150 days?
You can try to add your case to his (contact your local asylum office for instructions – you can find contact info if you follow the link at right called Asylum Office Locator), but it may be easier at this point to wait 150 days and file on your own for the EAD. You can get an idea about how long you and he will wait if you check the link at right called Asylum Office Scheduling Bulletin. Take care, Jason
4/13
A day! Monsieur Dzubow pardon I have stumbled upon your asylum blog in search of asylum countries in light of the growing sentiments of this separatist colonist country “Jim crow” active, amended laws, policy that impose alienation and focus driven. The foot print of political interest that marginalizes, suppress,accompanied by arbitrary shootings,Freudian prosecutions, incarcerations without oversight figuratively & literally by political hegemons in both parties. I search for asylum from the US as a Semite of color this is not a safe place therefor I inquiry what steps are practical forward.
Yy
You would have to talk to someone (a lawyer) in the country where you intend to go. There was an article in the Washington Post about whether African Americans might be eligible for asylum. I don’t fully agree with its analysis, but if you Google it, it might be interesting for you. Take care, Jason
Hi Jason,
I missed my finger print appointment in Feb because I moved from where I was staying to another state. I did an appointment with info pass but they couldn’t see my application in the system and i lost the i797. I only have the A number. I was thinking of going to the asylum office in person. Will they do my finger prints? And also since I haven’t doe my finger prints, does this mean my application is on hold.
You should email or go to the asylum office; not the Info Pass. Contact info and office hours for the asylum office can be found if he follows the link at right called Asylum Office Locator. Hopefully, they can give you a new fingerprint appointment. This probably will not delay your case, but I am not sure. Also, make sure to update your address with the asylum office using form AR-11 (available at http://www.uscis.gov). Take care, Jason
Thanks Jason for the reply. Can I go to any asylum office near me?
You should go to whichever office as your case.
Dear Sir, i am a citizen of Syria, i arrived in the US in Nov 2012 and applied for asylum in Dec 2012, my first interview was in Jan 2013, after that my case was sent to the HQ and put under hold because of the TRIG admissibility since the didn’t like the fact that i helped some defected soldiers, in may 2015 i requested to apply the minimum materialistic and humanitarian support exemption to my case and i got a second interview in Sep 2015, few days ago i got an intend to deny letter. I don’t wanna file a rebuttal coz I don’t know how much time that may take and i have a wife and two daughters in Jordan that i need to reunite with. In Syria they charged me for some serious political crimes that can easily make them hurt me and i have a written documents from that court in Syria stating those charges. My question is, what are my chances of getting asylum in Canada if i cross the border and apply there? Do they have TRIG admissibility also? Will the TRIG thing follow me to Canada? I have no one to canada and i am hoping that the fourth exception of the third safe country will include my case. I have two choises to think about now, Canada or Holland but i have the same fears in both places, hiw much information uscis is welling to share with immigration departments in orher countries about asylum cases?Please advise.
Thank you so much
You are asking the wrong person – You should contact a Canadian immigration lawyer and get their opinion. I think the fact of your application here will be a problem for you in Canada, but I could be wrong. In my opinion, you should respond to the Notice of Intent to Deny. If you can answer their concern, maybe they can be convinced to give you asylum (we are successful responding to such letters about 1/2 of the time). Anyway, it may be worth a try. Good luck, Jason
Hi Jason ,
Its me again. Actually my husband got approval as an asylee from mine case.Now, we wanted to get our traditional wedding over here and invite his parents .Can they will get visa since he is also asylee and Does it matter .He was student earlier and again he is going back to college because he had to stopped his college in the middle, or do we need to wait until citizen to invite them as well ?
Thank you a lot for all the support .
You can invite them for the wedding and they can apply for a visa in the usual way. The more evidence they have that they will return to their country, the better. The fact that you and your husband have asylum may make it more difficult for them to get a visa, but certainly they have a chance and they can try. Once your husband is a citizen, he can sponsor his parents for green cards. Take care, Jason
Dear Mr. Jason,
Greeting and thank you for your valuable information. What is the expected time wait for the short notice/short list from your experience ? I asked the my USCIS service center but could not able to answer my question satisfactorily?
Have a nice blessed day ,
regards,
There is no average – sometimes you ask to expedite an asylum case and it happens quickly; other times, there is no response; other times, they say “no”; and still other times, you wait for many months and then get an interview. It is not predictable. Take care, Jason
Hello jason ,I applied for asylum in Sept 8 2015 and it was accepted and I got the receipt.
Finger print on Sept 16
150 days on Feb 5
Applied for EAD on 8 Feb
Notice of received and processing Feb 10
And later a notice of case transfer to NABRASKA service center
On Feb 23. And till now I still hvnt heard anything pls can you advice. Am in new york..
Gabriel
Some people get the EADs in less than 2 months; most wait up to 4 months. You should get your EAD in the next few months. The fact that the case was sent to Nebraska is meaningless – USCIS moves cases around depending on their workloads. Take care, Jason
i’m asylee. I had applied for EAD under Co8 Category. Mistakely i wrote my first Name in Middle Name and Middle name in First name. I recive the letter as my first name in middle name and middle name in First name. Now i’m faired does this make any problem in my asylum case or not? How could i make the correction of this mistake?
The letter that they sent you literally says that if there are any mistakes, you should call the number (the number is already on the paper). Read it. All of it.
You can call too – that is a good idea.
I doubt it will make much difference in your asylum case. USCIS may send you a letter about the mistake. If you want, you can send them a letter explaining the error. Include a copy of the receipt notice, so they can match your letter with your case number and keep a copy of everything you send, so you can give it to the asylum office before your interview. Take care, Jason
Hi Jason
By next week I’m going to apply for my first EAD after filing for it I want to file for travel document because I’ve no children and I want to go to third country to meet my husband to do IVF trying to get pregnant do you think this reason is“humanitarian” enough for USCIS to approve the travel document for me . One more question do I’ve to bring any documents to support that.
Thank you
It could be – You can explain why this is important for you and your husband, and it would help to have some type of evidence, like a letter from the doctor. Take care, Jason
Thank you very much for the quick response . Actually we want it very bad and I’ve many complications prevent me from having it normal way and I cant wait till I finish with my asylum case because of my age. Do you mean to have evidence from here telling I cant make it normally or medical history from before.
Do you think its better to wait till I receive the EAD then apply to the travel document or there is no connection between the two.
Thank you again for the support and all the answers you give
Evidence of the need (physical and psychological) to have children. I do not think it matters whether you have the EAD. Indeed, since the I-131 is pretty slow, by the time you have Advance Parole, you might already have the EAD anyway. Take care, Jason
Hi Jason,
First I really appreciate for all your support through the web.
As you see, an interview appointment for asylum cases become very frustrating and seem it will continue in a very slow motion as it is happening presently in Arlington Asylum office. As my case is still in pending status for a year, I want to move to California for a job. How does the asylum office of San Francisco, CA treat my case? As new or 1 year old? Considering all the circumstances, what’s your recommendation? Thank You!
According to USCIS, if you move your case to a new office, you keep your place in the queue. It is unclear to me whether all the asylum offices actually follow this policy. You may want to email the new office and ask how they will handle the case (you can find the email address if you follow the link at right called Asylum Office Locator). If you are lucky, they will respond and tell you. But it seems to me that if you have a good reason to move, like a job, then you will need to move. Take care, Jason
Hi, Jason.
Today I received the email alert from uscis saying they processed my EAD renewal, which is a miracle, because I was one month and half late to file the renewal application, normally if you file renewal even on time still got new EAD late, so I was thinking definitely gonna be so late, but they processed still right on time, because my previous EAD was issued out last year on April 5th, and today they update my application and saying online they have my new card. So Jason, from this perspective, I think they are hiring more people to speed up the process for EAD for this year, but I only know my case, so not sure if EAD process shorter time period is common now? Do you have other cases regarding EAD renewal become faster? Thank you for your help.
I have heard that from other people, but we are still seeing clients wait for 3 and 4 months. I hope you get the card soon, and I hope this is the new trend. Take care, Jason