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 have been reading some human rights reports about tens of thousands of asylum seekers that are detained in the US. Are all asylum seekers subject to detention? or are those that were detained before applying for asylum?!
Thanks
In general, the people who are detained are people who arrive at the Southern border and ask for asylum. They do not have a visa to enter the US, so they are detained. Also, people who ask asylum at airports are often detained. People who are in the US, and who file for asylum, are rarely detained (we have done hundreds of cases, and we have never had a client detained). Take care, Jason
Hi Jason,
I’m an asylum seeker and i have a chronic illness with my kidney. Can I expedite my intetview based on my health issue? Thank you in advance.
You can certainly try. In your request, explain why expediting will help your medical condition. Also, include some evidence, like a letter from the doctor. Take care, Jason
Hello Jason,
I am a single mother landed in USA 2014 with my son 16Y and applied for asylum. I am still a pending asylum. My husband (is working in the middle east) applied for a visit visa and got it for one year only. After that, he applied for renewal and has been refused supposedly because the counselor knew about my asylum status. He is trying to apply for F1 student visa, do you think he has to declare my real status? or keep it hidden?
They will know about it, so he is better off to declare it. If they think he is trying to hide it, they will certainly deny the F-1 visa. Even if he declares it, of course, he may very well be denied, so he needs to show strong attachments to his home country and that he will return home after his studies. Good luck, Jason
Thanks a lot
Hello Jason
I filed my case in San Francisco (norther Cal.) office and got my EAD. Now I have work offer from San Diego. Can I change my residence to SD address but remain mailing address as SF? Will they transfer my case to southern California?
Thank you.
If you move to SD, they will transfer your case to LA (you can be sure by plugging your old and new zip codes into the Asylum Office Locator – a link is at right). The SF office is much better, and faster, so you might try to maintain your old residence. Keep your address there, but find a temporary address in SD. I do not know whether that is possible, but it may be worth a try. If you are not sure, talk to a lawyer about whether it is feasible. Take care, Jason
Hello Jason, I hope you having good day, I have a question. I am asylum seeker and filed my case on Sep 2014 in Los Angeles, I know there is long line of delay. If my case take another 3.5 years can my daughter (she will be 21 by then) sponsor me and my wife because she is US citizen, is there any problem I should aware of? Thank you and God bless you that helping out all these people.
Probably she can. You must have entered the US legally and otherwise be eligible to adjust (usually meaning no criminal or immigration issues). If it comes to that point, talk to an immigration lawyer to make sure there are no problems. Also, if your case is referred to the Court, the process is a bit more complicated, but it should still work, though in that case, a lawyer is even more necessary. Take care, Jason
jason, I have been following your blog quite a while I like to share my ead card experience for the people who are seeking some clarity,
applied for ead card on june 28th
received on july first at nebrasca service center
new card being produced on august 18
case was approved on august 18 too…
good luck everyone…
It would be helpful too if you let us know what state you are living in – it seems some states are faster than others. Thank you, Jason
NEWYORK
Congrats! Does your asylum Case got approved so quickly? I know that EAD cards are being processed a little faster recently. For example, my friend just got his EAD card and it tool only 60 days in Texas service center. Your seems even faster.
Hi, Jason, as previous comment I am trying to figure out how to change address on AR-11 online form. I guess I should put as, I have received my new EAD, so my EAD renewal case is processed, but I changed address, need to report to USCIS for my asylum case, so how do I change that? Thank you!!
Hi, Jason, how’s everything going?
I have recently moved to a different area, and have submitted address change form I believe is AR-11 on USCIS website. I have couple questions,
Is the change of address attached with a person or just a case? I am confused because the form asks to choose the type of the change of address, as I chose I-765 and input my last EAD renewal case number, started with “LIN” but I will be renewing EAD next year, and will have new LIN number, how could they attach my address with new EAD renewal case since I put current LIN number? Do I also need to update my previous EAD renewal case address? How do they change my asylum case address if I only put change address type as I-765… Thank you!
You should also send a form AR-11 to the asylum office itself (you can find contact info for the asylum office if you follow the link at right called Asylum Office Locator). I think USCIS matches your AR-11 to your case, but I am not sure about the internal mechanisms at USCIS. If Yu sent the form, you should be fine, though. Take care, Jason
Thank you Jason, I got that figured out, my lawyer has sent notification to SF Asylum office, and I have notified USCIS by filing AR-11 online, so I should be good now.. Thank you ! You are always so prompt and helpful I really appreciate it! Keep the good work Jason!And may God bless you, and all kind-hearted immigration lawyers.
Very good – Thank you for the kind words, Jason
Hello Jason
Hope You fine and doing well !! , i appreciate your blog services,
Kindly guide and advise as per below matter,
First I am Asylum applicant, my brother is US Citizen, my parent and (my sister, mentally challenge, cant speak) came two three times in USA, and again they are coming this week end , now my question is that, while my parent and my sister clear custom entry clearance, the border officer know that i had apply for asylum ?, and they have any problem for entry clearance, what are the precaution we have to take, and what kind of answer my parent have to give to officer, if they ask about my asylum ?
Please guide asap,
Thanks,
The border officer may know about your application, and so they should not try to hide that. If they have evidence that they will return to their country (like a return ticket), that might be helpful. If they are turned back, they can ask asylum at the border, but they may not want to do that, as it likely will result in them being detained, at least for a while. Take care, Jason
hi Jason,
Thanks for your valuable feedback,
Good news is that, my parent my sister just came out from SFO airport and no single question asked to them, I appreciate American people humanity and helpful kind nature , thanks you very much,
Hello Jason, is it possible and advisable for me to write directly to the asylum office handling my case to expedite it? Please, how do I go about it?
Thanks
I do not know about that, but you can find contact info for the asylum office if you follow the link at right called Asylum Office Locator. Typically, to expedite a case, you need a reason, like you have a sick relative overseas who can come here if your asylum case is approved (like a spouse or minor, unmarried child). Include evidence about the reason to expedite (for example, a letter from the doctor). Expedite requests are not always approved, but certainly, you can try. Good luck, Jason
hi Jason,
I need your guide line, I applied my asylum and finger print done, awaiting for interview date, I am married and have one kid in my home country, now the question is that one us citizen girl love me and she want to stay with me in relationship, I told here my all fact, she don’t mind about my situation, now if I stay with her in relation and if I have kid thru here, it will effect my asylum case, and is there any more positive chances to become us citizen, kindly advise
I do not see how that would help your asylum case. I suppose if you divorced your wife and married the woman in the US, she could file for you (assuming you are eligible) and you could get your green card more quickly, but if you pursue the asylum case, I do not see how the relationship will benefit you, and the asylum office might not like the fact that you have a wife at home and a girlfriend in the US. I do not think it would cause them to deny your case, but they may view it negatively. Take care, Jason
Thank you very much for you feed back,
appreciate, Thanks & Warm Regards
Hi Jason ,
Due to some family circumstance I need quick interview , i got my Asylum office Supervisor e-mail. Shall i send him directly e-mail and ask expedite my case is it work.
You can try, but I would be careful about that. There is a regular process to ask for an expedited interview. You should try that first before you try back channels. However, if nothing else works, I suppose you can try. Good luck, Jason
Hello Jason,
I have a question. I have applied for asylum and it was approved. I have had my green card for over 2.5 years now. I need to Travel to countries that do not accept the re entry permit for work. My passport from my home country had expired. Is it safe for me to apply to renew my passport? Would this affect me getting the U.S. Citizenship?
I will not go to my COP or visit at all.
I will need a valid passport to travel to the these countries. I will apply for re entry permit and form N-470 as I will be out of the U.S. For 2 years or so.
Thanks
If you plan to be out of the US for 2 years, you need to consult a lawyer before you go. An absence that long may very well cause you to lose your green card. Also, renewing the passport could be a problem, but generally, if you have documentation showing why you need the passport, you can show that to USCIS if they ever ask. I do think given that you are leaving on your country’s passport and that you plan to leave for a long time, you need to talk to a lawyer to make sure you can do these things without problems. Take care, Jason
Hi,
I am a PhD student on a J1 and my DS2019 will expire soon, I am also an asylum seeker. I am planning to work in a university after I graduate. Can I work for a public university?! The reason I am asking is because I have read that asylum applicants can’t work for the federal government even if you have your work permit. There were multiple stuff mentioned about appropriation law and immigration law. Could you please validate that?! And if if there are certain works restrictions?
There is nothing in the immigration law that blocks you from working there. The university may have a policy not to employ such people, but you need to ask them. However, with the EAD, you should be able to work anywhere that will hire you. Take care, Jason
I appreciate your quick response. Thanks
Hi, We are in the same situation. Maybe we can exchange some ideas and information. please reply me.
Hello Jason, Please I have got two fast questions:
1- I just applied for asylum in May 2016 and I have done my fingerprints already. How long does it take for USCIS to send me a letter notifying me about my interview date?
2- I miss my wife and children. one of my children is constantly sick because she has not seen me for long. Please, what are the advantages or shortcomings of applying for advanced parol? Is it advisable at all to apply for advanced parol, caue I really miss my daughter who has been very sick due to my absence?
Thanks
1 – Check the Asylum Office Scheduling Bulletin – a link is at the right; 2 – You can get a doctor’s note for the daughter and use that when you apply for Advance Parole. You should meet her in a third country, not your home country. Otherwise, it could have a negative affect on your asylum case. Also, you can ask the asylum office to expedite your asylum case based on her health problems. If you do not expedite the case, you likely will wait for a long time before the interview. Good luck, Jason
Hi Jason ,
I would like to ask you the category for EAD renewal for pending asylumn who hasn’t been interviewed. Is it (c)(8) or (a)(5)?
Thanks
TJ
I cannot answer specific questions about asylum categories. However, it seems to me that unless the case has been approved, the category has not changed. Take care, Jason
I got my asylum approved in November, 2015 and I applied for my wife a month after the approval. The immigration received the letter as they sent a receivable letter to me and after a month they issued anorhwr letter asking to provide them with my marriage evidences and accordingly I responded them with evidences I had. Two months are on. No response yet. I want to know sobai have any idea how long it shall take to get my wife’s case approved? Thanks
Normally, the I-730 forms are approved pretty quickly, so hopefully that will be approved soon. After that, the case is processed at the embassy in her country, and that may take another few months, but usually it is also fairly fast. Take care, Jason
Hello Mr. Jason,
I am very worried about the situation I am living right now. And I need your urgent Comment:
I applied for asylum on April 2016, and my Clock to apply for Work Permit is next Month September 2016, but I am being charged for a Crime since August 4, 2016. I have a Preliminary hearing in 2 weeks.
My Question for you right now is: Can I apply for my EAD (Employment authization Document) on September while I am being charged? I am still being eligible to receive my EAD while I am being charged with a Crime? Or not?
Please answer to me, I am very worried. Can the USCIS deny my EAD? Because I have been 10 fingerprinted at USCIS for FBI back ground checking on May 2016, and now the Police Also has already fingerprinted me for their record because I was arrest and I was released on Bail.
Please explain to me…
Fabio
You can apply for the EAD and you should be eligible. However, you need a criminal lawyer who is familiar with immigration law (or a criminal lawyer and an immigration lawyer). Depending on your conviction, you could be detained by the immigration service and you could be ineligible for asylum. Take care, Jason
Hello Jason,
I have sent several letters, emails and also attempted to call the San Francisco Asylum office several times, but they don’t respond. My case is pending with the SF office since Aug 2013, and I am currently outside California, so the only way left for me to follow up with them is to actually fly to SF. Is there a different phone number for that office I can try, the one on their website says something like “go to our website-good bye”. Please advise
I am not surprised to hear this, though it is disappointing. I do not know of any other phone numbers there. You may want to talk to a lawyer who practices there, as they sometimes have additional contact info, or sometimes there is a liaison process (we have that in Virginia, but I do not know about SF). You might also reach out to a non-profit in the area – maybe they could help you. Finally, you can try the USCIS Ombudsman – a link is at right. Good luck, Jason
Hi Jason,
On my understanding asylums/refugees seeker should have the same priority because all are fleeing their country of origin because of political issues, discrimination, war and others kind of fear. Giving priority to Mexican border, sending majority of immigration judges to the south doesn’t solve the problem. In fact Mexicans will still come, come and come more because you are giving them priority and penalized other asylum/refugees seeker; Backlog will continue growing indefinitely if strong measures are not taken. USCIS should discourage the Mexicans to come to American without any reason, or give same priority to all asylum/refugees seeker.
Maybe one of the criteria for prioritize could be the countries where there is war and United Nations Department of peace Keeping office has been established. Such as Sudan, D.R.Congo, Central Africa, Burundi, Somalia,South Sudan, Abei, Israel, Lebanon, Libya, Kosovo,Haiti, Afghanistan…
somebody who was giving chance to appear for interview and just postpone without strong justification should be putting at the end of the queue!
That is my suggestion.
All reasonable points. I think priority should go to people separated from family members. In truth, it is not Mexicans or Central Americans who get priority. People who arrive at the border and who are detained are given a credible fear interview, by an asylum officer, and these interviews are given priority over asylum cases (I believe the law, as written, requires that they be completed in a certain period of time). Also, unaccompanied minors get priority. These groups (credible fear interviewees and minors) are what is causing the backlog. And the government is taking some steps to try to improve the situation, but so far, we are not seeing any improvements. Take care, Jason
Hi Jason,
I applied for my political asylum in Louisiana and Houston office issued me with EAD in Feb 2016. I was no expecting an interview before mid of 2017 due o load statistics available online, bu i go interview call from their field office at New Orleans in June. After a month i recieved their recommended approval. How many days it takes in present scenario to get final approval because this government is left with almost 3 months and to my understanding they are pretty lenient about immigration and definitely they will work fast enough to adjust more and more people for their future vote bank? I think it should not take more than 1 month because people are getting approval in 40 to 45 days in VA.
Secondly with recommended approval if i renew my EAD, which category will i get, A5 or it will remain the same old C8?
This page of yours is very very helpful for all the needy people, keep it up.
Thanks and Regards
The average wait time between recommended and final approval is 105 days (see page 16 of https://www.dhs.gov/publication/cis-ombudsman-2016-annual-report). We have seen cases take much longer (and much shorter), so this is just the average. I cannot give specific advice about which categories to apply under for the EAD. If you read the instructions carefully, it should tell you. Take care, Jason
Hello! Looks like leader didn’t wait more than a year like most of people who waited 1-3 years to get an interview call. What happened ? What did you do to have your interview that fast. Did you do something special? Please let us know. Thank you.
You can ask to expedite your case, if you have a good reason, or you can put your name on the “short list” if your asylum office has one. These things can make the case faster, but they often do not work. Anyway, you can try. Take care, Jason
Hi Serge
I did nothing special and i was not expecting an interview before first quarter of year 2017. They opened an office at LA few months ago, a field office, and i was an applicant from LA so they sent me the interview date soon and i got the interview result very quick as well. Now am waiting for my final approval because i have very good job offerings but they require change of category on EAD, from c8 to a5. The way things are moving fast i think i ll get the final approval by mid September. Looks like elections are coming up so things are speedy.
Thank you very much Jason
Hi Jaison, I had a question with regards to the asylum application. I recently decided to stay in the US due safety issues back in my country. I cant afford a lawyer at this stage and wanted to apply for asylum myself at this stage. I was wondering if you could tell me which forms and documents are required besides the I – 589 form to submit at the initial stage as my legal status expires by sept 15. Would appreciate your answer, many thanks.
Amir
I cannot give specific advice like that here. If you look at the instructions for the form I-589, it tell you what documents you need. You might also consider trying to talk to a lawyer at a charity like Catholic Charities or some other free/low cost legal provider for some guidance. Take care, Jason
hello Jason ,
Appreciate your help you providing for asylum seekers
1.I applied for EAD in SF got an email saying USICS received my case and its being routed to texas service center for processing . I applied in SF why is it being routed texas ?
2. is there any possibility of expediting my interview if I provided a recommendation from nonprofit organizations ?
Looking forward to your advice
thanks
1 – USCIS moves EAD cases around all the time depending on their workloads at different offices. It is normal. 2 – You can try. Each asylum office decides whether to expedite a case. If you have a compelling reason, it is more likely that they will expedite the case. Take care, Jason
Thanks ….
Hi Jason.
I have 2 questions please help.
1. I arrived in the US as an asylum seeker on B1visa with a passport of a different country with different names other than my original ones which i have used to apply for asylum. now my case is pending and i really miss my wife and children for 3 years, and i would like to apply for Advance parole for a 1month visit. what should i do with this names differences on passport and the ones used on asylum applications during my application process and travel.
2. Since i submitted my initial asylum application 150 days have passed and i have applied for EAD and get a receipt from USCIS Nebraska, according to your experience Should i wait more than a month to receive my EAD after 150 passed
Thanks.
1 – This creates a real mess. If you were my client, I would advise you to tell the truth about this and explain why you did it. We have had similar situations and usually when you explain what happened and provide evidence about why you did it, USCIS will forgive what you did. Your case is harder, though, since it seems you have filed for asylum using the false name. Under the rules that lawyers must follow, I am not permitted to advise you to lie, and if you apply for AP using the false name, that would be a lie. I recommend you consult with a lawyer to go over the specifics of the situation and see whether there is a decent solution for you; 2 – It depends where you live. It seems that in California, it is faster, but where I live (Washington, DC), it takes about 4 months to get the EAD. Take care, Jason
Hi Jason,
I have a question. I would like to know what happens when you go for your 1st asylum interview and you get transfered to an immigration judge.
1) While you are waiting to see a judge will you be able to renew your EAD or No.
2) And what will happen if you get a NOID after your 1st interview, can you get a EAD while you try to fight that decision?
Thank you.
1 – yes, you can renew the EAD while the case is with the Judge, and also – if you lose before the Judge – while the case is on appeal; 2 – yes, you can renew the EAD after you get the NOID and before you get a decision. But if the final answer is “no,” and your case is denied (and not sent to the Judge because you are still in status), then you can no longer renew the EAD, and I believe the EAD is technically canceled at the time of the final denial. Take care, Jason
My case is referred to Immigration Courts But no date specified?
New York, NY | 38 minutes ago
After waited for almost three years with my daughter my case is denied by an immigration officer at New Jersey But refereed to Immigration Courts But no date is specified for hearing and I was told there is another backlog in the Immigration Court . I have been separated with my spouse for almost four years ,any hope for me?
Do you have idea about my situation . Its scary to go back home with my daughter due future fear .My son is a US citizen; This is my second trip to US, he became citizen because my first holiday visit I was pregnant and delivered him here ,that’s how he attained the citizenship . The kids miss their Dad for so long. Any idea to reunite us.
This is the worst part of the asylum backlog. You can ask the Judge to advance your case to make it faster, but first you have to have a judge. Many lawyers will charge extra for this, since it is extra work, and it may or may not get you an earlier court date. Unfortunately, the backlog in court is very slow, but it really depends on which Judge you get – for example, where I am , some judges have a 6-month wait; others have a 5-year wait. Another thing you could do it move to a faster court. Some courts are very fast. The problem is that they are very fast because they basically deny their asylum cases, so no one with an asylum case keeps it in that court. But if you have a very strong case, maybe that is something to try. One last thing, your husband could try to come to the US. The fact that you have applied for asylum will make it harder for him, but some visas – for example, the H1b – should not be affected by your asylum case, if he is eligible. Good luck, Jason
Hello Jason
I had my asylum interview on May 2016, and I received NOID. And I submitted my rebuttal within the timeframe of 16 days. It has been almost two months, I have not received my decision. How long does it usually take to get final letter? and what are the chances of winning the rebuttal? My EAD card is about to expire, Can I apply for renewal now, since I am still waiting for the final decision?
There is no time frame. It could be today or it could take a year (or more). Mostly, when we have had NOIDs, we got decisions in a few weeks or months, but we have not had one for a while. We win them about 50% of the time. You probably should apply to renew the EAD. However, if your case is denied before you get the new card, your new card may be denied as well (meaning, you lose the $380 you spent on the card). I am not sure what else you can do, other then live without the EAD, so probably you will have to take the risk and try to renew. Good luck, Jason
Hi Jason
I have a pending asylum in court now. My asylum got transferred to the court because i missed the interview date. I sent USICS field office a letter to reschedule me with evidence from the postal service to proof that it was given to the wrong address. Long story short its still messing with the EAD clock. The court postponed my case to December 2017 due to backlogs i guess. At the second Master hearing date the judge allowed to start the EAD clock. But months passed without it starting. My lawyer and I contacted the court administration and she said USCIS stopped the clock and she can’t do anything about and that i have to contact USCIS. I am confused on what to do next. Even my lawyer is confused. How do i contact USCIS ? I have been reading about the ABT settlement which is confusing by itself . Its been years without a work permit. Any suggestion on how to proceed would help.
There are some instances where the Judge will not start the clock. Typically, that would be if you filed for asylum after the one-year asylum filing deadline, or if you entered unlawfully, and the government does not know about your entry date. If that is not you, my understanding is that the Judge has the power to start the clock, not USCIS. The process is a big, confusing mess, and many Judges seem not to understand it either. My best advice is that the lawyer file an emergency motion directly with the Judge, citing your financial hardship as the emergency. Maybe if the Judge actually looks at it, he/she will make something happen. Good luck, Jason
Hi Jason
I am about to file an EAD renewal application. And I like to ask you what documents other than the application letter I need.
Thanks
TJ
I cannot answer specific questions like that, as I do not know your case. Just look at the form instructions for the list of documents you need (form I-765, available at http://www.uscis.gov). You can file to renew up to 120 days before the old EAD expires. Take care, Jason
Thank you Jason for your reply and sorry for not clearly stating my question. I applied for asylum and it’s on pending and haven’t had my interview yet. I already got my first EAD and will expire in 130 days.
It was not unclear – it is just not possible for me to answer questions about what documents are needed for an application since I am not familiar with all the details of the case – if I did that, I would eventually get into trouble. I can tell you that the soonest you can file is 120 days before the EAD, and you should file then, since the process is pretty slow. Take care, Jason
Thank you very much Jason I understand you
take care
Hi,
My name is Avtar Singh Dhindsa and i have applied my green card after my asylum has been proved. Still my application is pending. On social site, i fall in love with a girl who means a world to me. I am talking to her for a long time. I really lover her and want to marry her but she is in India and i don’t know what to do..My case is pending yet….Please give me a solution..i really love her…What i do so that we could be together for ever….Please help me…..
Green cards typically take 6 to 8 months after applying. Once you have the card, you can meet her in a third country, marry her, and file to bring her here as your wife. The length of time for a green card person to petition for a spouse varies, but currently it is about 1.5 years. Take care, Jason
Hi Jason. I filed for asylum as a gay person and also on religious beliefs that I’m running away from. Only now I’m realising the difference between a gay and bisexual. In my country there no such thing as bisexuality and I filed my application under those terms in my country. The minute you are sexually interested in a man, you are gay regardless of your interestsite in women as well. My question is how can I update this information? And also will it be a problem? I’m involved with a woman who is also involved in other women and our relationship is open. I can go down with other guys as long as we tell each other. Please advise. Thank you
I think you would need to explain this in an affidavit, and submit it prior to your interview (and according to the rules of the asylum office – for example, in my local office, you must submit all documents at least one week before the interview). I think as long as you explain, it should not be a major problem. Take care, Jason
Hi Jason,
I applied on 27July for my first EAD as my asylum case is pending , kindly tell that long it take to arrive also is there any way I can track my application online.
You can track the EAD application at http://www.uscis.gov once you have the receipt number (which should arrive a few weeks after you mail the I-765). You cannot track your asylum application on line. Take care, Jason
Hi Jason,
First of all, thank you for your patient and knowledge that you sharing with us.
I had an interview on February 2016 in SF, and I’m still waiting for answer. I know that 6 months is nothing compere to people, who been waiting for two years. But I just wanted to ask do you maybe know what is the (approximately) time waiting for getting the answer?
I’m originally from Christian country, can that be an advantage or doesn’t matter?
And one more question, for the people who get approved for asylum, can they apply for green card as soon as they get approved, or they have to wait certain period of time?
If you are approved, you can apply for a green card one year after your asylum was approved. There is no approximate wait time after the interview. It could be tomorrow or it could be a few more years. I wrote a posta about this on October 21, 2014 and October 20, 2015, which might be helpful. Take care, Jason
İ m waiting for last 25 months in SF.no result so fpr.lets hope for best
Hi Lamreta, thank you for letting me know your waiting time till now. That’s really ridiculous, hopefully you’ll hear the good news soon. Good luck.
Hello Jason,
I have a pending asylum application at immigration court filed (in 2013) in Washington DC. We,with my wife, moved to Arizona in mid 2014, got two kids. We renewing/receiving work Authorization every year with our Washington DC address.But we work, renting apartment, owned car and even planning to buy a house in Arizona. Court individual hearing date is after 2 yeas. Looking your professional advise how this may later affect the result and what to do in coming years for the best possible outcome? Thanks for your help
My guess is that the court in Virginia is better than the court in Arizona in terms of your chance for success, so it would be better if you can keep your case in Virginia (if you live in DC, your court is in Virginia). However, if you move, you are required to change your address with the court, and this could result in your case being moved. It is not automatic, but it is likely. If you do not change your address, the judge may think that you are lying about the address in order to keep your case in VA. If you are lying about the address, the judge may think you are lying about your case, which is obviously bad. Given what you said, I do not see how you can avoid filing a change of address form. You can try to keep your case in VA (for example, maybe you have witnesses who live there, or maybe your lawyer is there), but this may or may not work. I do recommend you talk to a lawyer about this so you can make the best decision. Take care, Jason
Hi, Jason
Thanks for helping so many asylum people stay in America. I got my recommended approval through Gay discrimination and HIV treatment on 04/12/2016. But they only told me the only one problem they can’t issue me the final approval is about my nickname ” Ri.ky Su” which the interviewer put it on file instead of me. So this name has been stuck on their system, then I can’t go back to school, I can’t get my HIV treatment, I can’t apply for financial aid and student loan. I applied so many jobs but they refused my application even a cashier job. All my life has been stuck on here, I feel like I’m either starving in America or go back to China facing the jail or the bankruptcy. I passed my information to the congressman,they haven’t responded me. I’m totally a homeless people in August. Do you have any solution to help me get the final approval? Or remove my nickname from their system? You can email me too. Thank you jason.
Unfortunately, it sometimes takes a long time to get from “recommended approval” to “final approval.” In your case, maybe they have to do a background check on your nickname (maybe you did not list that name on the form, so they did not do the background check before the interview; of if you did list it on the form, maybe they just did not do the check in a timely way). You can contact the asylum office to ask about this – in person or by email (contact info can be found if you follow the link at right called Asylum Office Locator). You can explain the urgent need for a final approval. Maybe it will help. Also, you can contact the USCIS Ombudsman (a link is at right) to ask about the final decision. Other than that, the only option is a mandamus lawsuit, but I would do the other two first and see if you have any success. Good luck, Jason
Hi jason,
I read your bloggs forst of all i would like to say thanksfor all your help for people like me
I got married to an american woman and applied for my immigration as a hisband to an american
But my case was denied
My question is that is there any chance for me to apply another case as my first case has veen denied
e.g asylum or anything
Thanks again and waithing for your opinion
Hello. Do you know why your case was denied? Did they give you the reasons? Please tell us.
You can always apply for asylum, but whether you have any chance to win, I do not know. It may depend on why the first case was denied. Also, Yu are supposed to file for asylum within one year of arriving in the US, and maybe this is a problem. Also, of course, you need to show that you have a well founded fear of persecution in your home country. Given the past immigration problem, it would be a good idea to talk to an immigration lawyer about the specifics of your case. Hopefully, the lawyer can give you some options so you can make a good decision. Take care, Jason
How are you jason or good afternoon , what you have been advising me to be patient is all correct to day i have got my EAD approval , thanks for your fruitful advise and your time God bless you , with wishing all the best in you life
Congrats on that and good luck with your case, Jason
How long did it take you to get the work permit after you file the I-765 ?
I know that you can file it after 150 days but I just wanna make sure when I can receive my EAD
This Friday 150 days will be finish
Where I am (Washington, DC), it seems to take about 4 months. In other places, like California, it seems to be faster – maybe 1 or 2 months. Take care, Jason
hi jason,
thanks for your response plz guide me for processing time of form I-730 in us embassy islamabad Pakistan. Because uscis has approved my form I-730 in USA and according to your experience how long it will take in my country.
Thanks
I do not know – typically, it is a few months, but I do not know about Islamabad, and anyone, different people take different lengths of time. Normally, however, it is not more than 6 months, and in many cases it is less. Take care, Jason
Hi Jason,
Hoping doing well, i have question about temporary move, if i make move to one state to another for temporarily but little long like about a year so is it possible my case still in the same asylum office where i filed my application.
Suggestion will br really appreciate.
Thank you very much.
If it is temporary and you keep your old address, and receive mail at the old address, you should probably be ok if you do not file a change of address form. Take care, Jason
Thanks Jason just one thing, will it be any trouble for work in other state?may be i can work there for few so just thinking work there with social and keep the address to other state can make some issue with immigration.
Thanks
There is no mathematical formula for this – if USCIS thinks you are lying about your address (because you are working in a different state, for example), it could affect whether they think you are an honest person, which could impact the decision. The more evidence you have to explain why you are living one place and working in another, the better. Take care, Jason
Dear Mr. Dzubow,
Do you think there would be a Re-designation for new Syrian arrivals for TPS ( I arrived last month).
Thank you for your time.
I do not know, but I think so – the situation is still (unfortunately) a disaster, so I see no reason they would end TPS. Whether the re-designation will allow new applicants to apply, I do not know. Take care, Jason
Hi Jason,
My lawyer has been filled my asylum case on 9/13/2013 , I’m living in TN and I had not received any notice on my finger print yet , is that a normal thing?? I have two kids which they are in the United States I got their work permissions but I’m so frustrated, my lawyer does not give me any kind of info and just telling me to be patient !
please advise!
That seems strange. Did you get the asylum receipt for yourself (as opposed to for the children)? Did you get the filing receipt for your EAD? I am not sure what is wrong, but something is wrong. You might tell the lawyer that you want a copy of your entire file, so you can see what has been done – whether your case was filed and you have a receipt, and whether the EAD was filed. Good luck, Jason
Still no result or any response from SF office after 2 year of interview. Getting impatient
If you are only now “getting impatient,” you have the patience of a saint. It is ridiculous that people should have to wait that long for a decision after the interview. You can contact the asylum office and/or the USCIS Ombudsman (a link is at right) to ask about the case status (though probably it won’t help much, but it won’t hurt). Good luck, Jason
hi jason,
I got my asylum case approved 2 months ago and i applied the immediate relative petition for my son and wife I just wana know how long it takes to get approved for this petition i applied it 1 month ago
thanks
There are two steps – the I-730 and the embassy. We have seen the I-730 take anywhere from 4 weeks to 6 months. The embassy varies depending on the country, but we have seen it take 2 to 6 months. Unfortunately, the time frames are very unpredictable, but at least this stage tends to be faster than waiting for your asylum case. Good luck, Jason
how are you dear jason i appreciate your genuine advise , consistency and let you achieve what you wish to have and to be in your life and God bless that
i was applying my work permittee ( EAD ) three month back and i have received the receipt and more over they have highlight me that my case was transferred to Neb. service center but after three month when i am expecting to get my EAD they have sent another letter telling me that the case is transfer to Texas service center
so i could not figure out why , do i have stay another 4 month to get EAD from or what should i do , do you know such kind of experience on other asylum case
dear sir do you advise me what to do because staying another extra 4 month is really taught for me , how people is surviving with nothing , where should i carry, who is hearing our voice
We have just started to see people get two transfer notices (Nebraska and Texas). I believe this has to do with internal USCIS procedures, and hopefully it will not cause much additional delay in the case. We have been seeing EADs take about 4 months from the time of filing to the time of receiving the card. Internal transfers hopefully will not affect this time frame. In your case, I would wait another month. If you do not have it (or if you do not want to wait), the only things you can really do are call USCIS customer service (the number is on their website: http://www.uscis.gov) or contact the USCIS Ombudsman – a link is at right. Neither of these options is very useful, but you can try. Otherwise, hopefully, you will get the card soon. Take care, Jason
Hi Jason,
I am applying for asylum for my wife , me and 8 year old daughter for asylum in September 2016. A friend of mine is ready to support me by paying rent for a small one bedroom apartment to stay . He is ready to sign the rental and guarantee the payment but wherever i am looking for an apartment the problem coming is nobody ready to allow such an arrangement that rent paid by somebody else and some are saying will allow if ssn nymber of mine given.. I do not know whether will be getting a ssn number or not ? Further want to know how other people trying for asylum have similar problem and how they manage rental agreement , if any ?
I do not know much about this, but it seems to me that you might have better luck renting from an individual than from a large apartment building (which may have more stringent requirements). Many of my clients lack documents, but they eventually find some place to rent, so it is possible. Good luck, Jason
Hi Jason,
Would you please advice me regarding using my national passport while I’m on bending asylum case waiting for the interview . I applied for advanced parole and the country i’m traveling to need visit visa to enter it and don’t accept the travel document or the advance parole . My question is my NP is still valid can i use it to have the visa to enter the country im going to and the advance parole only to enter US on my way back or this may jeopardize my case.
Thank you for your great help and support
It depends on your asylum claim. If you fear persecution by your government, using the passport is considered “availing” yourself of the protection of that government (since that government will supposedly protect you while you are traveling to the third country). This could affect your asylum claim. If you fear non-governmental persecutors, using the passport should be less of a problem. You may want to talk to a lawyer to better evaluate the risk to your asylum case. Take care, Jason
Hi Jason,
Thank you for your answers . My asylum is FGM case do you think it is safe to use my NP while traveling I’m afraid to do anything could hard my case.
Thank you again for everything you do to help us
My guess is that it will be alright, but I cannot guarantee that – some asylum officers might give you a hard time about it. If you want to be completely safe, do not do it. But sometimes, a person has no choice and has to take some risk.
Hello Jason, I am on a pending asylum case. I applied to renew my EAD before 90 days but I only got a notice that’s says its processing and after a week latter I got another letter that says my case has been transferred to another office inorder to make the process go fast. So I called USCIS to ask and notify them that it has been more than 90 days so the lady who works there said they will call the other office and will ask them to speed up the process after she put me on hold another lady on the phone gave me a confirmation number. I tried to ask what that confirmation number is for but unfortunately I don’t think the lady was in a good mood to answer questions so even though she said something I didn’t understand. By any chance do you know what the confirmation number is for? Does it have anything to do with my renewal EAD?
Courage Lily,
My spouse got her new EAD after 105 days!!!!!
Moreover it came with error, we don’t know really how long it will take again if we send it back for correction.
Probably 3 months???
Good day dear Jason.
Any idea how long it takes to send back the EAD for correction?
Is there money implication again?
I do not know – I think you would just have to apply for a new EAD and – if the error is your fault – pay the fee. Also, you should explain the error. You should get the new card hopefully in less than 4 months. If the error was the fault of USCIS, you – theoretically – do not have to pay the fee. You can explain it to USCIS and see whether they will help you. To do this, I would go in person: You can make an Info Pass appointment at http://www.uscis.gov. Unfortunately, it is not so easy to correct a mistake, but it can be done. Take care, Jason
You can apply up to 120 days before the old EAD expires, and in the future, you should apply 120 days ahead. At least in my part of the US, it usually takes about 4 months to get an EAD. The transfer was normal – USCIS moves cases around, depending on their workload. As for the confirmation number, it is probably meaningless unless the rely continues for a long time, and you need to go to the USCIS Ombudsman for additional help (see the link at right to learn more about that). I think there is not much more you can do, and hopefully you will receive the EAD in the next month or so. Take care, Jason
Thank you very much Jason!!
hi jason,
i got approved my asylum on may 2016 and applied the petition of my family right after that i just want to know how long it takes to get approved the asylee relative petition
There are two steps – the I-730 and the consular processing. The I-730 can be approved very quickly (we’ve seen it approved in one month) or very slowly (we’ve seen it take many months), depending on the case. I do not know why some cases are faster than others. Then the case goes to the embassy and different embassies take different periods of time. The fastest we’ve done a case lately is probably 4 months from filing the I-730 until the person comes to the US. I would say that 6 to 10 months is more normal. Take care, Jason
Good day dear Moby,
My wife asylum status is pending since 2014.
Please how long did you wait to get interviewed?
How long did you wait also to get approval after your interview?
Which State?
I CAME USA DEC-2010 WITH VISIT VISA AND THEN APPLIED ASYLUM WITH ONE YEAR MY ASYLUM CASE WAS IN COURT AND GOVT LAWYER AND MY LAWYER ASKED ME FOR Prosecutorial discretion AND I AGREED ON THEM JUDGE PUT MY CASE CLOSED PLEASE LET ME KNOW CAN I RENEW MY WORK PERMIT AFTER THIS AND WHAT WILL BE RESULT OF THIS ACTION ON MY CASE AND HOW LONG I WILL STAY IN USA AS THIS NEW RULE
You should be able to renew your work permit based on your status as a person with an asylum case pending. You will have the status forever, until you or the government lawyer “re-calendars” your case, that is, puts it back on the court’s active schedule. My guess is, given the court’s case load, that unless you do something to put your case back on the schedule, it will remain in limbo for a long time; maybe forever. Depending on your case, this may be good or bad. Hopefully, your lawyer explained all this to you, so that you made the right decision for yourself. Take care, Jason
Hello Jason,
My wife was granted asylum 3/30/2015. She applied for me for derivative asylum 4/30/2015. I did biometrics in June 2015 and the case had been transferred few times between Nebraska, Vermont, local office and back to Nebraska 3/30/2016. All service requests has resulted in “case was transferred” …. My wife also just applied 2 months ago for green card. I has been more than 1 year and 2 months since our derivative asylum request and the normal processing time is 5-6 months. anything i can do? I am under TPS Syria; worried about loosing my job since there has not been a re-designation yet.
I am confident TPS will be re-designated, but your wait time is very long – it seems that many people from Syria (and other predominantly Muslim countries) are having this problem. Two ideas I have are (1) Make an Info Pass appointment at http://www.uscis.gov and go in person to inquire about the case – sometimes this works better then a phone call; and (2) Contact the USCIS Ombudsman (a link is at the right) – they can also help. You can do one or the other or both. Good luck, Jason