Asking a lawyer whether you need a lawyer for your asylum case is kind-of like asking a pastry chef whether you should have dessert. My answer: Of course you should hire a lawyer, and have a double helping of Windsor Torte while you’re at it.
A decent lawyer can help you prepare and present your case, and increase the likelihood of a successful outcome. However, there are some people who need a lawyer more than others, and if your resources are limited, you will have to decide how best to prioritize your needs.
So how do we know that a lawyer actually improves the chances for success? And who really needs a lawyer, anyway?
First, there has been at least one statistical analysis of how lawyers impact asylum cases, and the result is pretty definitive: Lawyers matter. A study of asylum decisions in Immigration Court by TRAC Immigration finds that, on average, asylum applicants with a lawyer win about 51.5% of their cases. Asylum applicants without a lawyer win only about 11% of their cases (the effect was even more disparate for “priority” cases involving women and children). That’s a big difference, but there are a few caveats to these numbers.
For one thing, the cases reviewed in the study were in court. Such cases are adversarial, and can be procedurally complex, as compared to cases before the Asylum Office. Thus, it is harder for an unrepresented applicant in court to win his case. Also, some applicants receive pro bono (free) legal assistance. However, it is more difficult to get a pro bono attorney if you have a weak or meritless case (or if you have criminal convictions). This creates a vicious cycle, where applicants with bad cases are less likely to receive legal representation, and I think it probably skews the statistics, making it appear that people without lawyers are more likely to lose their cases (since people with weak cases have a harder time finding legal representation). Even considering these factors, it does appear that competent representation makes it more likely that an applicant will be granted asylum.
But if you are like many asylum seekers, you have limited resources. Attorneys can be expensive, and pro bono representation can be difficult to secure. So who really needs an attorney, and who can get by without one?
If your case is before an Immigration Court, it is best to have a lawyer. Most judges will pressure you to get a lawyer, and they will usually give you an extension of time to find an attorney. Court cases are adversarial, which means that if the ICE attorney aggressively opposes relief, it can be very difficult—even for an applicant with a strong case—to effectively present his case, avoid any pitfalls, and obtain a grant.
For applicants whose cases are before the Asylum Office, the story is a bit less clear-cut. Asylum Office cases are (supposedly) non-adversarial. The procedural requirements are generally (but not always) less stringent. Many people prepare their cases and attend the asylum interview without the help of a lawyer (some use paid “translators,” with mixed degrees of success), and there are many examples of pro se (unrepresented) applicants who receive asylum. There are, however, some red flags, which, if present, militate in favor of hiring an attorney.
Asylum applications may be denied if they are not filed within one year of the alien’s arrival in the U.S. There are exceptions to this rule, but if you are filing for asylum more than a year after you’ve come to the United States, it is a good idea to have an attorney.
Asylum applications can also be denied if the applicant has been convicted of a crime, or if the applicant “persecuted” others in her home country (or elsewhere). If you’ve been convicted of a crime, or if you fall into a category where the U.S. government might suspect you of persecuting others (such as police officers, members of the military, members or supporters of armed groups), you should have a lawyer.
In addition, people who provided “material support” to terrorists are barred from asylum. Unfortunately, that covers a broad range of activities. So if you’ve given money or any type of support to a terrorist group—even if you did it under duress—you need a lawyer. Doctors who treated combatants fall into this category.
Other issues that might require the help of an attorney include travel back to the home country (especially after an instance of persecution), or living in a third country before coming to the United States.
Finally, to win asylum, the applicant must show that she faces persecution “on account of” race, religion, nationality, political opinion or particular social group. If you do not obviously fit into one of these categories, it is helpful to have an attorney, who can make a legal argument that your case falls into a protected category, and that you are thus eligible for asylum.
Even if there are no obvious issues in your case, a lawyer’s advice can be helpful. Sometimes, there are problems in a case that are not apparent until a lawyer reviews it. You are far better off identifying and addressing such issues before they become a problem. For those who cannot afford an attorney, or who choose to do their cases pro se, it is possible to win. But some cases are more difficult to win than others, and-especially for these problem cases—the help of a competent attorney can make all the difference.
Hello Jason
My husband and I arrived in US two months ago .we plan to apply for asylum and both send application each.but I am worried as I have a friend in similar case who applied for asylum and months later joined by the wife who immediately send her asylum application .But the wife ‘s application was returned as her husband had already added her as dependent on his application. My question is that can I present two cases in one application. If main applicant’s case is not approved can they consider the dependent’case
I think you should talk to a lawyer before you do this. In general, I think it is a bad idea, and the asylum office will not like it. It is probably better to just have one person apply, and to discuss both people’s cases in that application. However, maybe there are some cases where it is better to file two cases. Since I do not know the details, I suggest you talk to a lawyer to help you make this decision. Take care, Jason
Hello,
My question is about when to file for assylum? The concern is that if assylum case is reviewed while a person has valid b2, if denied the person will not get a chance to go to immigration court.
Technically it currently takes years before even getting interviewed but theoretically it could get reviewed, denied and there is no way to contest that if b2 is still valid.
Do you recommend to wait at least some time before filing so that there is less time on valid b2 or the wait time is so long that there is no way an interview will get scheduled in next 5 months?
Asylum cases take years, and you will not be interviewed until the B visa is expired, so I think if that is your concern, there really is no reason to wait. Take care, Jason
I last entered the US in 2014 in January and been in school and did my OPT and now new cases have arose in my country that hinder me from going back to my country due to my safety what is the best advise you can give?
Talk to a lawyer about the specifics of your situation and see whether asylum is a good option, or whether you have other options to stay here. Take care, Jason
My boyfriend plans on transferring his case from NY to CA. What would be the best way for him to obtain his case information and documents?
If he needs a copy of his asylum case, he can file a freedom of information act request (form G-639, available at http://www.uscis.gov) to get a copy of his file. Take care, Jason
I have submitted asylum application but have not got the receipt no. Can I travel to home country as my grandmother is in dead bed.
You should talk to a lawyer about the specific situation before you go. If a person has filed for asylum and he returns to his home country, that will create major problems for the case. It may be possible to overcome those problems, but at the minimum, you will need to explain why you went back. Also, to travel while an asylum case is pending requires Advance Parole (form I-131, available at http://www.uscis.gov) to re-enter the US, and it may take several months to get this. If your asylum application was never received, and you travel and return to the US, you will still need to explain why you traveled back home and present evidence about the trip. Take care, Jason
What are the consequences for withdrawing Asylum application have on future immigration visa like (U visa/ H1/ Green card… etc).
Also please let me know if its possible to travel to the country from which needing protection from and return back to US with a valid H1/EAD/U visa after withdrawing Asylum application.
It really depends on your case – you should talk to a lawyer about the specifics of your situation. Some visas, like the H1b or U, or a green card application, should not be affected by the asylum case. Other visas might be. Also, returning to your country after you withdraw your asylum case could be a problem if it causes the US government to believe that your original asylum case was a fraud. Take care, Jason
Tow different attorney are helping to apply for asylum. Can I apply for more than one application at the same time?
I suppose you can, but eventually, the government will figure out what you have done (since they will take your fingerprints) and my guess is that they will not be too happy about it. I think it is a bad idea to apply more than one time. Take care, Jason
I am in DC
Hi Jason,
I applied for asylum on August 2014, and didn’t interviewed yet. my question is: How can I contact the immigration to now about my case situation. and how can speed up my interview. Who should contact the immigration me or my attorney?
Thank you for your patience.
Most asylum offices allow for a “short list” and an “expedite request.” You or your lawyer can contact them and get on these lists to try to make the case faster. You can find the contact info for the Asylum Office if you follow the link at right called Asylum Office Locator. Also, if you do this yourself, you should at least coordinate with your lawyer, so that the lawyer knows you are doing it. Take care, Jason
Hi Jason,
I hope you are doing good and wish u all the best. I have two questions regarding to asylum. First, I have D1 visa and wanted to file my case in Virginia .but I heard that my case will be directly proceed to the court rather than assessed by the immigration officers . How far is it true ? And how long it will take to be called for an interview in current situation ? Second, what will be my status if I apply for waiver since my visa is D1 ?
Looking forward for your response .
I do not know the answer to that (I guess I have never done a case with a D visa). There are different rules for crewmembers in many areas of immigration. I am not aware of any different rules in the area of asylum, but there may be. I recommend you talk to a lawyer about this issue, so the lawyer can research it and have an answer for you before you apply. Take care, Jason
Hello Jason, sorry to bother you. There is a good chance you have been asked that question before, so please forgive me….
Anyway, me and my mom arrived a month ago (b2). We have been advised to apply for asylum as soon as we can so we can get ead, which would take 6 to 12 months. I’m afraid our savings wouldn’t allow us to hire an attorney right now. Would it be a problem to hire a lawyer later, when we are financially in a better state (hopefully) so he/she can go over the files when our interview is due near? I’m afraid if we need to change something about our case later on, the officer might think that we are lying. That bothers me a lot. We are within LA office’s jurisdiction now so it is going to take years and years…. and we might relocate during that time if we can’t survive here. Thanks.
You can hire a lawyer later, though it is easier for the lawyer to start the case with you rather than enter in the middle of the case. Also, it is better not to hire the lawyer at the last minute before the interview. Maybe if you can hire a lawyer in six months or a year, he/she could review your case, suggest more documents, and prepare a written statement. When it is closer to the interview, the lawyer can practice with you before the interview and attend the interview. Take care, Jason
Thanks a lot Jason. This has been a birthday gift for me. I wish you all the best for the next year.
My regards
Could you please recommend a good asylum lawyer (affordable) in Virginia or DC? Thank you.
I am in DC. And I suppose I recommend myself. If you would like to discuss, you can email me at Jdzubow@DzubowLaw.com. Take care, Jason
Hi my question is can a lawyer say that the court is not ready to give decision and withdraw your case because government changed.
As I mentioned, if you withdraw your defense, the Judge will likely order you deported. Unless you have some other defense. Take care, Jason
Hi my question is can a lawyer say that the court is not ready to give decision and withdraw your case because government changed.
I do not understand the question. If you want to withdraw your asylum case, the judge would normally just issue an order deporting you, unless you have some other defense to deportation (for example, maybe you are married to a US citizen and will get your green card that way). Take care, Jason
HI, Jason Dzubow
Thank you in advance for your usual constructive comment. my case similar to the previous requester. being a party member after coming to us will have a problem for my asylum application? if returning to my home country risky for my life?
If you join a political party after you come to the US, you can submit evidence about that. I am not sure I understand your question though. Take care, Jason
Hi Jason,
I ‘ve been a protesting political party helping in terms of finance and others materials, in my home country . The party had written me justification what problem facing me while I am helping this party. Be a membership of the party will help me after arriving us for my asylum case?
A letter from the party is evidence that would help your case. Take care, Jason
Hi Jason,
I recently got my EAD,I also have my SSN for work purposes,what I ask is I have a 4 year old son who should be starting Kindergarten next year how do I get an SSN for him while we are waiting for interview. If not how do I enrol him for school.
You have to talk to the school, but he should be able to enroll. As for his SSN, you can go to the Social Security office to ask about that. Take care, Jason
hi, am from Egypt and filled an asylum case in the US, i received threats from some political group several times and that is why i had to leave with kids and come to US leaving my husband and my parents.
my question is that i don’t have evidence to show it was phone calls and street harassment from this group , how strong is my case?
There is no way for me to evaluate that. There is plenty of other evidence you can get – evidence of your political involvement, letters from people who know about the threats, etc. You are not expected to provide evidence for each aspect of your case, but you are expected to provide it where it is reasonably available. If you can provide evidence of your political involvement, that would be a big step towards winning the case. Take care, Jason
thank u so much, ue effort and help to all of us is highly appreciated
Hi Jason,
Could you please tell me, are asylum seekers considered Parolees? If no, who are parolees?
Thank You.
Parolees are people who arrive at the border, the US government decides they are not admissible, but for whatever reason, the government allows them in without a visa – they are legally considered to be knocking at the door of the US and not actually here, even though they are physically in the US. People who come to the border without a visa and ask for asylum can be paroled into the US. Such people are usually detained and placed into removal proceedings. In some cases, they are released while the case is pending; other times, they remain detained until the case is resolved. Take care, Jason
I want to apply for student aid and I’m trying to figure out if I am eligible. One of the eligible categories is “Parolee” and here what they say “you must be paroled for at least one year, and you must be able to provide evidence from the USCIS that you are in the United States for other than a temporary purpose with the intention of becoming a U.S. citizen or permanent resident” I have entered the US with a B-1 visa and I applied for asylum, now I have EAD and SSN, in December it will be one year since I applied. What do you think, do I qualify for the “parolee” category?
I asked Federal Student Aid this question, but they still didn’t reply to my email.
Thank You
I do not think you are a parolee – you entered on a visa; you were not paroled in. Unless you left the US and re-entered after your initial entry on the B visa, you are not a parolee. Take care, Jason
Hi Jason,
I am about to apply for the EAD for first time and will there be any delay on my EAD by changing current address? both address are belong to NY asylum office.
Best regards,
If possible, file the change of address before you file for the EAD and use the new address on the form I-765. We have had cases where the person moved, we did a change of address form, and the EAD card got mailed to the old address (and the person never received it). If you do change addresses while the EAD is pending, make sure you do it with the asylum office and on-line, and get the on-line confirmation. Other than this, a move within the same office jurisdiction should not affect your EAD case. Take care, Jason
Hi, Jason. A few days after learning about your website I came across an NPR interview of you. What a pleasant coincidence. I had no idea you were that famous.
I have a few questions I have not been able to find answers for. I’d appreciate it if you’d help me out.
– Say an individual applies for asylum on a B2 visa. It is valid for six months only, right?
– When it expires what happens to the asylum applicant? Does he become illegal and subject to arrest and deportation? Or does he upon application for asylum, gain a right to stay legally until the asylum request is adjudicated at the interview (which could take years)?
Hopefully, fortune will one day follow fame. As for your questions: (1) The validity period of the visa is not affected by your asylum application, so if it was good for 6 months, which is usual, it is good for 6 months, even if you file for asylum; (2) Nothing happens. The person remains here in a quasi-legal status, which – for lack of a better term – we call, Asylum Pending or Asylum Applicant. The person can remain here legally until the asylum case is resolved. Take care, Jason
Well, if it helps, I genuinely wish you have a good life. It is pretty rare to see an individual dedicate such a large effort to helping people, including by providing information and answering each question, all while (presumably) working as an attorney. How do you find the time!
Anyway, I have two more questions, if you don’t mind. You say an asylum applicant can stay beyond their B2 visa validity. 1) Does this mean they can’t be detained, and can remain free completely legally while the asylum application is processed?
2) Does this apply to those entering the country illegally too? That is, if an individual enters the country without proper documents, then applies for asylum in, say, Oregon, does he gain temporary legal status and protection from detention while waiting for the asylum interview?
Thanks again for taking the time to do this! Keep up the good work.
1 – They can be detained, but it is very rare, as long as the person does not commit a crime. I have done hundreds of cases, and I have never had a client detained for staying beyond her visa period. Anyway, almost every asylum seeker stays beyond the validity of their visa, as the cases take a very long time. 2 – If the person is not detained to start, I have not had a case where someone was detained after he filed for asylum, even if he entered the US illegally. DHS has the power to detain such people (and any other non-citizen), but it is not something that would happen in a normal, non-criminal, non-terrorist case. Take care, Jason
Thanks so much!
Hi, Jason. I have recently come across some new information, and would appreciate some clarification from you.
1- Asylum does not need to be requested inside the US. It can be requested at a land border/POE, correct? Do you have any quick tips on requesting asylum in this way? Have you written on it before?
2- What would happen to an asylum applicant requesting asylum at a land border? Would he be immediately released with a Notice to Appear for court? Would he need to first pay a certain amount of money, and if so, how much? I’ve heard $1500, but also as high as $20,000! This article says “arriving aliens” are not eligible for release. http://www.nolo.com/legal-encyclopedia/what-happens-bond-hearing-immigration-court.html While this one says they are if they ask for asylum: http://www.immigrationequality.org/get-legal-help/our-legal-resources/detention-deportation/release-from-detention/ Which is correct?
Thanks!
You can request asylum at the border. It is likely that a person who requests asylum at the border will be detained, and they will be interviewed (credible fear interview). If they do not “pass” the interview, they can be deported immediately. The person might need to pay a bond; sometimes they are released without a bond; usually, they are placed into removal proceedings. I have not read the article, but I have seen many arriving aliens who have been released (and I’ve seen many who have not been released also). The short answer is that you certainly risk detention and even expedited removal at the border. The detention can be short of long. It is difficult to predict what will happen. Take care, Jason
Hi Jason,
I applied for asylum (I589) in Boston by an immigration attorney, they submit the form on Mar,1st and I finished Biometrics, and I supposed to get the SSN and Work permit within 150 days according to what I understood from them. Now they are telling me that I need extra 90 days or more to get the work permit.
I like to know does it take that long to get work permit?, and really I feel that they are bot honest with me. Would you please advice me what to do?
I appreciate your cooperation.
This may have been a misunderstanding. You can file for the work permit (form I-765) 150 days after your asylum case is received. Once you file for the work permit, it takes 3 or 4 months to get it. Take care, Jason
Hello,
I currrently live in Saudi Arabia , and was thinking in applying for Asylum when I get to US, however I’m not sure if my case is valid.
My case in short:
I have Sudanese passport (was born in Sudan) and have been living in Saudi Arabia(permanent residency) .
the reason why I want to seek Asylum is because recently I tried to apply for a student loan in US and couldn’t because Sudan is one of the sanctioned countries.
As for Saudi Arabia, although I have been living there since I was one year old, if you are a non-Saudi female you only get to work in hospitals or schools , even if you qualify for other jobs and even if they remain unfulfilled. In addition to other cultural reseaons.
Thank you, I would appreciate your feedback.
Normally, a person cannot get asylum unless she faces persecution on account of race, religion, nationality, particular social group or political opinion. In your case, I am not sure what category you call into, or whether the harm you face is so severe that it would be “persecution,” as that term has been defined by law. In addition, you might need to prove you need asylum from both Sudan and Saudi Arabia, depending on your status in each country. If you are serious about asylum, you should talk to a lawyer about the specifics of your case. The lawyer’s job is to look at all the facts of your case and see whether your case can qualify for asylum. Take care, Jason
Hello Jason,
I have some questions about my situation and I’ve been wondering if you may help me. I emailed you but you said that my question should be only answered on the blog. I am a Yemeni woman & I have been living in Saudi Arabia my whole life and I was born there.
I wish to apply for asylum in either the U.S or Canada regarding Yemen’s current situation of violation of human’s rights, women’s status and fear from armed militias. I fear that the fact that I have a residency in Saudi Arabia may affect my application. If so, can I argue that non-citizens in Saudi Arabia can be removed to their home country at change of circumstances according the non-citizen’s “sponsor?”
My other question is if you know if my situation may be eligible for asylum in Canada or are the laws totally different from the US? Do you have any knowledge regarding the Canadian law?
-Thank you.
I do not know enough about Canada to offer you advice, though the laws are probably similar to the US. In the US, if you have residency in Saudi Arabia, you would not be permitted to get asylum in the US unless you showed that either you have lost your status in Saudi or you also face harm there. The fact that you are a woman from Yemen might not be enough to win your case. Normally, to win a case, you need to show that you face a more specific threat than that (for example, someone threatened you or harmed you). We have won cases where the person did not have a specific threat, but it is more difficult. Take care, Jason
What about the current civil war there? Or being a religious minority targeted by armed militias like Al-Qaeda? I would apply under any case about Yemen but I prefer not to apply for anything about Saudi Arabia because I fear I wouldn’t be allowed to enter it (for a while at least) and I wish to visit my family there. I’m willing to give up my residency in Saudi Arabia if necessary.
I thank you again, Tai.
Even if you give up your residency is SA, it may not help your asylum case. If you were ever “firmly resettled” in a third country, you become ineligible for asylum – this is true even if you cannot now go to that country. Also, just because a country is dangerous, as Yemen clearly is, does not mean everyone from that country would qualify for asylum. You still need to show a specific threat to yourself. Given what you are saying, it would probably be a good idea to consult with a lawyer before you make any decisions – maybe you have a decent case for asylum, but it sounds like there are some major obstacles, and it would be good to have a better idea about all that before you take any action. Good luck, Jason
Dear Jason,
I have submitted
my case with I-589 and I also given finger prints
But how can I trace my case status and know my interview.
Because I have tried all based the guideline directions except meeting in person
You cannot follow your case status online or know when your interview will be. The best you can do is check the Asylum Office Scheduling Bulletin (a link is at right), which will give you a very rough idea about what to expect. Take care, Jason
Dear Jason,
I have my case with I-589 and I also given finger prints
But how can I trace my case status and know my interview.
Because I have tried all based the guideline directions except meeting in person
You cannot follow your case status online or know when your interview will be. The best you can do is check the Asylum Office Scheduling Bulletin (a link is at right), which will give you a very rough idea about what to expect. Take care, Jason
Hi Jason,
Can I apply for a fee waiver for my EAD renewal based on pending asylum application (c)(8), if I make less than $17820 per year?
Thanks,
Maybe – check form I-912 (fee waiver, available at http://www.uscis.gov) to see whether the fee waiver applies to the EAD application (which is done on form I-765). Take care, Jason
Hello Jason, Thank you for your continued Support for asylum seekers in US.
I applied for asylum back in early 2013 , applied/renewed for 3 EAD cards. Months ago I inquired about my asylum case and within 2 weeks they replied with interview notice then 2 weeks ago I was interviewed and renewed for the 4th EAD card . Today I received my Approval notice and asylum granted letter . I had already filed for an EAD renewal and paid $380 Filing fee but fees for new A05 were waived what will happen then?
Hi, Anthony, lucky you are! Congratulations!
Tell us , please, what office made you happy?
You may automatically get the new EAD. If so, you will have two EADs, meaning the first one was a waste of money. But anyway, your case was granted, so that is good news, and the wasted money is not much in the scheme of life. Take care, Jason
Hi Jason,
Please allow me for quick couple questions,
Is there any fee require for EAD in case of pending asylum case,
Second, on I-765 applications there is # 14-status at last Entry, and #15 is current immigration status.
Actually I came USA on B-2 business Visa and it make sense if I filled #14 for B-2 business, but I am confused what is my current immigration status?
Please help me,
Thanking you in advance.
_____________
Abraham
I can’t give specific advice for forms, and so I would urge you to read the instructions carefully or consult with a lawyer about the specifics of your case. If you have an affirmative asylum case pending, you do not need to pay the fee the first time you apply for an EAD, but after that first EAD, you have to pay the fee. Take care, Jason
Hi Jason,
I hope you are fine in the name of God. I have a situation its bored me. My lawyer told me to give him 200$ to apply for EAD first time, I almost have 150 days until August 3rd waiting some news about my asylum case. I already give him half price he told me for filled the Asylum application for me and all documents. My questions are: Can I fill the EAD by my self? Is going to affect my case if I fill by myself? Cause he’s the one who filled my Asylum application. Because, I told him I don’t have that money then he said do it by my self. Also, I’m from Florida if I do can fill it, and which address I have to send it? Which category do I need to take C(26) or something else?
Thank you very much, patiently I’m waiting for your response.
You can do it yourself. Though I do think it is fair for the lawyer to charge you (we also charge for the EAD), as it is extra work. I cannot give specific advice here about categories and mailing addresses. Please look at the form instructions and it will tell you the category and the mailing address. The form is the I-765 available at http://www.uscis.gov. Take care, Jason
The category is c(8)
Sir, i am pakisrani citizen. I have been working for the US department of defence as an interpreter for 9 years. I am stationed in midle east . My duty is to translate for american armed forces . I have a valid US visit visa. I have life threat back in pakistan. I want to claim asylum in US. My questions are
1) shiuld i claim asylum at the airport or go out and then aplly?
2) will i be detained after asylum claim?? and put in jail..Even i have a valid visit visa
3) i will be caryng hundreds of military documents, awards, appreciation letters to proove myself , if the police take my documents at the airport how wud i be able to prove myself infront of immigration officer??
4) i dont know any one in the state and i will hav no fund in me all i will do is to save my ass and reach to the airport, will the government provide me a lawyer or place to live in if not what is the option?? Will they deport me just becouse i dont know as nyone or have no fund or place..
1 – It is better if you can enter the country and file for asylum. If you ask at the airport, you will probably be detained, at least for a while, and this could make it more difficult to prepare and present your case; 2 – If you file for asylum after you are here (after you passed through the airport), you should not be detained. You submit the form by mail; we do it for people all the time and no one has ever been detained (though the government does have the power to detain an immigrant if they think he is a threat; 3 – I think you should not bring these documents with you. This can be a big problem. If they see the documents, they may seize them and/or detain you. It is better to scan the documents and email them to yourself, and then you can print them once you are here. You can also have someone mail you the original documents later (you do not need them right away); 4 – They will not provide you with a lawyer or a place to live. It is better if you have some savings to support yourself. There are charitable organizations that might help you with your case, but they are very busy and may not be able to assist you for some time. It is much better if you can support yourself. Once you are here, you can hopefully get a job (though you cannot legally work until you have a work permit, which takes 6 to 9 months to get; but you can work illegally without it negatively affecting your asylum case). Good luck, Jason
Hi Jason,
I was wondering is it true that the Department of Homeland Security modified its policy on stopping the asylum clock when someone moves?
Thanks in advance
been there its has been 2 years i don’t EAD because the clock has stopped when i moved to another state have it i dont know what to do so as lawyer
Supposedly, if you have an affirmative asylum case pending and if you move, the clock does not stop (unfortunately, I do not have a citation to a memo for that). However, when I advise clients, I tell them that they are better off to stay at the same address (or at least at the same asylum office) until they receive the EAD. I do not trust that all the asylum office employees know about this rule, and I still think people take a risk if they move, and they could have their EAD delayed. Take care, Jason
Hi Jason.
Really helpful blog. a quick question. Is it possible to ask asylum office for a copy of my file and all supported documents in case I lost the one I have?
Thanks
You would need to file a Freedom of Information Act request using form G-639, available at http://www.uscis.gov. That should allow you to get a copy of the entire file, though it will take a few months. Take care, Jason
Thanks a lot Jason. Appreciate your help
Hi Jason,
Hope you are doing well by the grace of Jesus Christ.
My EAD applying date is about to come ( 150 days).
My question: is there any specific period of time in which I have to apply application for EAD, I mean to say when my 150 days will over in how many days I can apply, I heard that when 150 days over then we have just 10 days to apply for EAD after that we can’t apply, is that true?
Please help me.
Thanking you in advance.
———————–
Abraham
You can apply anytime after 150 days. Some people waiting longer because they do not need the EAD. Most people want to apply on dat 150, so they get it as soon as possible. Either way is fine. Take care, Json
Hi Jason, I am back in US having travelled on a refugee travel document to my home country. I had gone for 3 months as my father was very sick and ultimately he passed away. I provided documented proof of my visit at the entry port and Immigration officers were very kind to give me the entry as I had a genuine case.
Now I am getting ready to file for I-485 for me & my family. I was looking at the criteria and it said I have to be physically present in the country for 1 year. My 1 year completes in October for the grant of asylum. Should I wait another 3 months or should I apply in October. Also the I-485 form asks last date of arrival and status at the time of arrival. Would that cause any issues for me ? Can I attach supporting documents of my visit to my home country to avoid any problems ? Your advise will be greatly appreciated. Thanks
I am not sure whether you have to wait an additional 3 months. I think you do not, but you should probably check the instructions carefully to see whether it speaks to this question. You will have to state your most recent arrival date and your status (asylee). I would not submit documents about your travel when you apply for your residency, but you should have them available in case USCIS asks for them (and they might). If you are interviewed, you should bring the documents to the interview, even if you do not need them, it is better to have them if the officer asks. When you apply for your citizenship, you should also have these documents, as it is possible USCIS will raise the question at that time too. Take care, Jason
The instructions just say you should by “physically present ln the the country for 1 year” so I am not sure if I should wait to cover the time period.
What is the wait time for the issuance of green card in asylum cases and how many days in advance can I apply before the completion of complete 12 months after approval. Please advise, thanks
We used to mail the application 11 months after the person got asylum. However, USCIS rejected the application one time, and so after that, we started mailing it on the one year anniversary of receiving asylum. The time period to get the green card varies widely, and green cards can still be held up for security checks or other reasons. If all goes well, you can have the green card in less than 5 months. If there are issues, you can wait a long time. Take care, Jason
Hello Jason,
I have a couple of questions:
– I think I have been misadvised because I filed only I-589 without enclosing any supporting documents to it! One guy told me that it is fine and I can send additional documents later. Is it true or false? I am very worried that my case is not actually complete.
– I filed an I-589 in the USA, and I am alone here. I could not include my wife and children to my application because they are back in my home country. Can I reunite with them when I eventually get asylum? How long does it take?
Thank you Jason!
It is true – We always send the other documents later (but at least a week prior to the interview – you might want to check the rules at your asylum office to see when they need the documents; you can find their contact info if you follow the link at right called Asylum Office Locator). If you can bring your wife and children to the US Somehow, they can join your case. Otherwise, if you win your case, you can file a form to bring them here. Unfortunately, all that takes a long time. Take care, Jason
Hi Jason,
I hope you are fine. Thank you for your awesome website. I have a question for you. I have a pending asylum case, my girlfriend is citizen American. We have plan to married this year. Do you think I will got a problem with my case if I’m married her? Also She wants me to close my asylum case, by the the fact when we are married she would apply for my green card. I’m very confuse I don’t know what to do, please help me.
You can continue the asylum case and do the marriage case. However, not everyone is eligible for a green card based on marriage, and I do not know your situation, so I cannot say whether you are eligible. You should talk to a lawyer about that to be sure. If you are eligible, I normally recommend that you apply for the green card, and then once you have the card, you close the asylum case. It is generally not a good idea to close the asylum case before you have the green card (and it may not even be possible). Take care, Jason
hi and thanks so much for all your help
i would like to ask you something do you have any news about the shortlist in VA and if i would try to put my name on it how long do you think ill wait thanks so mcuh.
oh sorry one more thing do you think as Yemeni, do Yemeni get stuck in the background check did you have any case when after the interview its taking more time or some people thank you
To put your name on the short list, either email the office or go there in person (you can find contact info by following the link at right called Asylum Office Locator). I do think a person from Yemen may have additional delay due to security background checks, but this is very unpredictable, and hopefully you will not have a problem. Take care, Jason
Hello Jason,
Your blog is very helpful and informative. Thanks for maintaining such a wonderful blog.
My question is can I get an H1b Visa while my application for asylum seeker is under process. Thanks in advance for your response.
Maybe. If you are also in-status, meaning you have some status other than asylum (for example, an F visa and you are still a full-time student). Otherwise, you would need to leave the US and get the H1b visa overseas. This may or may not be possible, depending on many factors. You would need to talk to a lawyer to go over the specifics of your case. Take care, Jason
Thanks for your response. How long does it take to get approved of my asylum seeker application?
https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin
It is unpredictable. Check the Asylum Office Scheduling Bulletin (link at right) for an idea about when the interview will be. After that, decisions can come in a few weeks, but it can also take years, depending on the case.
Hello Jason,
I would like to know whether I can search for a job while on B2 visa. And if an employer wants to file a petition for me, can I get my H1 visa stamped on my passport while in the USA or I will have to come back to mu country for stamping it. Can I stamp in from a third country like Canada. Your opinion is highly appreciated. Thanks
Sorry – we can only provide advice about asylum cases here. Take care, Jason
It depends, if you still in status, means that your visitor visa still valid you could do it, but for H1b visa you only could apply on April 1st for each fiscal year, so if you find an employer to sponsorship you you should wait until April next year to file for H1B and the process time 6 months so you could not start working until October 1st, and for the process of the H1b, you could do it anywhere you want but to do it inside the U.S you should be in valid status. good luck
Hi Jason,
I have got a pending case for about one year and half. Recently my wife came to the US throuhg the refugee resettlement program. Can she file a petition for me (as her husband)? If yes, do you have any idea about how long it takes to be completed?Do I have to remove my case?
Thank you very much for your response.
I believe she can – though I do not know about your case or your eligibility; in general, a refugee can include their spouse in the application. It is form I-730, available at http://www.uscis.gov. Once you get your refugee status, you can tell the local asylum office and then ask them to close your case. I would not tell them or close the case before you get your status. Take care, Jason
Hi Jason,
Thanks for your great blogs and valued information. I have filed for asylum from Chicago in November 2014 and I applied with my wife on March 28 , 2016 for second EAD card renew before 120 days of EAD expiration. After two weeks I received letter from USCIS that they received our application for employment authorization with the receipt numbers. Nevertheless I checked our cases this week by entering the receipt numbers in the official website of USCIS and still the same message ,that they received our applications…… . So three months passed and until now I didn’t receive the work permit and our old work permit expired on July 6 2016. My question is the EAD renew.
My question: do you think that the card renew may take a long time than the first time of card issuing . second question : after two weeks I will move to other address in the same city , is the address change will affect of EAD delaying and can I fill AR-11 Form for address change by myself , because last time when I asked my lawyer to apply for address change he asked me for this service 300 dollars and it is possible to fill this AR-11 Form online . thank you for your assistance
yes you could do it by yourself, Its straight forward all you need is your receipt number, old address and new address, and your alien number (optional).
We are seeing EAD renewals take about 4 months. If you move, you do need to file the AR-11. I think it is reasonable for a lawyer to charge for that, but $300 seems pretty expensive (we currently do not charge for that, but I have been thinking about charging something, as it is a pain – maybe between $20 and $50). You can do the AR-11 yourself on-line (or by mail) for the EAD. You should also file a copy with your local asylum office – you can find their contact info/address if you follow the link at right called asylum office locator. I would caution you that changing the address now might cause trouble for the EAD, since USCIS might not update your address before they mail you the card – it would be better if you can keep the old address until you get the new EAD. Take care, Jason
Many years ago, when I was an asylum officer out in the field, I was playing host to a law professor who had kindly agreed to come to the office to conduct one of our weekly trainings. She arrived well ahead of the afternoon training time, so, to kill time until then I took her for a complete tour of our facilities. We walked into the file room and I pointed out where we stored the files for the pending cases, the cases scheduled for interview and the decided cases where the files were awaiting transfer to some other office. In the completed cases section there were several shelves containing fat files for all the approved cases and a couple of rows of shelves containing skinny, skeletal applications that were awaiting transfer after being denied or referred. I explained that applications that were represented, competently, almost always contained some sort of corroborative evidence and applications that were filed pro se, or done by an incompetent preparer never had anything in the folder but the I-589, in triplicate. Applications with supporting evidence were more likely to get approved. The professor was extremely upset since the law clearly states that an applicant’s credible testimony, by itself is sufficient to meet their burden of proof. I agreed, but pointed out that inconsistencies were cause to find an applicant’s testimony not credible and just about all testimony, by itself, is inconsistent in some way. The inclusion of supporting documentation, even if it was only publicly available COI, would often help an officer to overlook minor inconsistencies that took on much greater significance when the testimony was the only evidence.
Under those circumstances, it is quite obvious that being represented is generally the way to go, if you can afford it. Asylum law is labor intensive. The more work you put into preparing the applicant’s testimony and finding supporting documents the better your odds. And a competent attorney should be knowledgeable about what types of documentation will be most effective.
Thank you – I think that is all correct, and probably more correct now, post-REAL ID, where corroborative evidence must be submitted if available. Hopefully, asylum seekers will take your advice and hire me! Take care, Jason
Jason, our firm generally makes no profit from our asylum cases because my boss allows me to invest an extraordinary amount of time and care into the prep and representation; therefore, I don’t have any financial motive in weighing in. What I think people need to understand is not just the cost of hiring an attorney for initial asylum and interview. Rather, they must also look at the cost to them and their whole family of failing at the asylum office and having their case sent to languish in the court system. This will delay their asylum benefits, green cards, citizenship and everything else involved in starting a new life in America. I believe a knowledgeable attorney does help in terms of the officer carefully analyzing the case, knowing that improper/insufficient analysis to save time is far more likely to be effectively challenged by an attorney than a pro se applicant. Getting granted asylum 2-3 years earlier means earlier access to jobs requiring GCs/USC, and could be the difference between life and death when one still has dependents in jeopardy back home or parents who cannot get GCs until their adult child gets USC. I have seen far too many clients who ended up spending tens of thousands of dollars and years of anxiety all because they thought they were “saving money” by not hiring asylum counsel.
…or God forbid hiring a “non-attorney” who takes their money to botch their case but then is in no way accountable.
This is a whole other story…
I think that is right, but I do think some people suffer more than others without a lawyer. I guess my point is that if you fall into one of those categories, you REALLY need a lawyer. As always, thank you for the comment, Jason PS: Where is my blog post?
as usual, Jason, the urgent has been displacing the important!!!!!
Entiendo…
Hi Jason,
Thank you for unique website and information.I applied for asylum in Texas on 12/18/2016.I filled and submitted the application by myself and I am waiting for the interview.I ask if you can recommend me one of your known trusted friends in san Antonio that is a experienced lawyer with reasonable fees up to $3000
Sorry – I do not have anyone to recommend in TX. Take care, Jason
Hi Jason
I read a comment on a group on Facebook “Iraqis Asylumist” that one of their members his name is Ali Al-Nuaimi claimed that he has applied asylum without being harmed or threatened in the past and he didn’t have any case, then he was asylum granted. So do you think this is possible? or any asylum seeker should have at least one of the asylum categories which the USCIS specifically determine.
He is also advising other members to not to take the attorney to the interview as it is not important, so what do you think?
Many of my clients were not harmed in the past, but try fear harm in the future and they get asylum. A lawyer does three things for the client: He prepares the case, he practices with the client before the interview, and he attends the interview. The last one is generally the least important, as the attorney has a limited role at the interview. However, sometimes, the lawyer performs critical tasks at the interview – it just depends on the case. I think it can be a mistake to go to interview without a lawyer, but of the three tasks, I think this one is probably the least important. That said, if it helps a little, maybe it is worth having a lawyer. Take care, Jason
I applied for my and my spouce’s EAD ON 27TH April 2015. On May 10th the case got transferred from Vermont to Nebraska. I received the notice for it. Today after almost 2 months the status says,”On July 7, 2016, we received your Form I-765, Application for Employment Authorization , Receipt Number EACxxxxxxxxx, at your local office. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.” What does this mean. It is really confusing and killing me. Please guide and help.
I am not sure what that means, but it is normal for USCIS to transfer cases to Nebraska or other places – it has nothing to do with your case, and relates to the USCIS workload at their different offices. Normally, we see people wait for about 4 months for the EAD, so I think you still have some time to wait. If you are really concerned about the message that the case was received on July 7, you can go to the USCIS website and call the customer service number, or make an Info Pass appointment on the same website to go in person to ask (www.uscis.gov). My guess is that this is not necessary and the case is being processed, but there is no harm in doing it. Take care, Jason
Hi Amit, please let us know when you get your EAD, my EAD application is also transferred to Nebraska. Thanks!
It seems like most cases get transferred to Nebraska – it has to do with USCIS distributing its workload and seems to be unrelated to the specifics of the case. Take care, Jason
Hi Jason, Thank you for your unselfish advice in every inquiries;
I-589 filed and received by USCIS
01/22/16.
150 days lapsed-06/22/16.
I-765 application mailed to Pheonix, AZ
06/24/16.
I-765 received by Texas Service Center
06/27/16.
Receipt Notice from Texas Service Center received by mail 07/06/16 and is in process.?
Just want to share my timeline.
Thank you. People in your part of the country seem to get their EADs faster than people in my part, so hopefully, you will get it soon. Good luck, Jason
Dear Mr. Dzubow,
I am a 31 year old Saudi woman from Saudi Arabia. Due to the oppressive guardianship system in the country, my father had and still has the right to deny granting me a passport even though my mom divorced him when I was 3 years old and he has been nothing but a hurdle in my life. We tried several times to get him to grant me passport through having relatives talk to him, filing a letter to the Prince of the region for mediation, and filing a law suit in the court. Yet, nothing seemed to work. So, for the first 26 years of my life, I was stuck in Saudi Arabia with no hope of ever leaving. When my stepfather, who happens to be a naturally born American citizen, was fired from his job in Saudi Arabia, the family was faced with financial hardships and relocating to the U.S. became necessary. While I was working at the time, my salary was not enough to pay for housing or my sibling’s school tuition since they were not eligible to study in Saudi schools. An acquaintance of the family who was aware of my situation suggested giving my maternal uncle a general power of attorney and having the judge add a clause saying that my uncle is allowed to “extract” a passport for me and to submit that document along with the passport application. While such a stunt should not have worked since it was not my legal guardian who was filing, we somewhat got away with it and I got issued a passport. Unfortunately, the passports employee who was handing the passport to my uncle realized that my uncle was not my legal guardian and ended up ripping up the necessary exit document AKA travel permit that women are granted by their guardians and need to show at ports of exit in order to travel outside of Saudi Arabia. A month after that, my uncle tried to get me a travel permit once again at a different passport office and once again showed them the power of attorney. The employees at passports were somewhat confused by the document and issued the travel permit. My family and I left to the U.S. a week after. I have been here for 5 years and I am currently on a student visa. I assumed that since I managed to leave, that my government would be willing to renew my passport abroad once it expires. Unfortunately that is not the case. My passport’s validity was extended twice via the Saudi consulate in Houston and they are not going willing to extend it anymore. More importantly, they refused to renew my passport in January of 2016 citing the fact that I do not have my father’s approval. Since the DSO in the college I am enrolled in informed me that I will be put on academic hold without a valid passport and I will be forced out of status since I will not be allowed to register for any classes. I believe that I might be able to file for asylum based on being a woman (social group) who is being denied a passport (persecution) based on her gender. If I am sent back to Saudi Arabia, I will never get out, I have no means to support myself over there since I left the only job I had there without officially resigning since I had no idea if I will actually get out, I will most likely not be able to secure another job since Shia minority are discriminated against in the work place, I will not be able to live safely alone and might face stigma for it, and I might be arrested if my father decides to report me to the authorities. Had I been born male, I would have not had to flee my country, could have lived there comfortably, and would have been able to get my own passport without my father’s approval at the age of 21. A lawyer that I spoke to is hesitant about my case due to the fact that he has never seen or heard of a similar case. Do you have any advice regarding my situation and have you ever heard about a similar case?
I think you have a case for asylum. However, it is a novel case – meaning, it is somewhat unique. This is good for a lawyer who is interested in pushing the law. It is not so good for you, who would only want to escape a terrible situation and win your case. I am curious whether your step-father filed an immigration petition for you (or your mother if she has a green card or is a US citizen). If so, you might be able to get status that way too (though this can be complicated and require you to leave the US and return, which obviously is a problem). As to the asylum, I think it is based on gender and religion, and the persecution is economic and psychological. There is some precedent for such a case, but again, it is fairly novel. Givens your other options, you may want to try, but you should be prepared for a long process, since it might require eventually going before a judge and even an appeals court in order to convince them that your case meets the requirements for asylum. Also, of course many times, people with novel cases are not successful, so you should try to think about alternative paths in case that happens. Based on what you said, though, I think there is a case here, and if you have no other good option, it may be worth a try. Good luck, Jason
Thank you very much for taking the time to reply to my post and for giving me your honest opinion, Mr. Dzubow. My mother filed a petition for alien relative on my behalf when we came to the U.S. in 2011. My priority date is July 29, 2011. Since my passport is expiring in February of 2017, I believe that I will end up falling out of status long before I am eligible to file for an adjustment of status. Unfortunately, I cannot think of any alternative options to filing for asylum and nor do I have any options to fall back on if I end up being denied. Once again, thank you so much for replying and providing your expertise.
Best regards
To take advantage of your mother’s petition, you would likely have to leave the United States and obtain the green card at an embassy, which could be a problem. I do think you have a case, but it is not an easy one. Good luck, Jason
I was not aware of that. I assume that it is because of the fact that I am an adult child (f2b), and yes going back to Saudi Arabia to appear at the U.S. consulate would be a problem since I would not be able to leave without a valid passport. Thank you so much for taking the time to respond, Mr. Dzubow.
Best regards
Hi Jason,
After 3 years my TPS was finally approved (Syrian National) and now I want to apply for advance parole to travel to Lebanon or Turkey to see my family. My Lawyer is convinced it will be denied. Do you have any insights on this? And do you accept new clients for such matters.
We have had clients get Advance Parole, and so you might as well try. We can do that, but generally we encourage our clients to try it on their own. Anyway, if you want to contact me about it, feel free: Jdzubow@DzubowLaw.com. Take care, Jason