If you’re reading this blog, you’re probably already familiar with the form I-589, Application for Asylum and Withholding of Removal. Whether your case is in Immigration Court or the Asylum Office, this is the form that you use to apply for asylum, withholding of removal under INA § 241(b)(3), and relief under the United Nations Convention Against Torture.
At the beginning of the asylum interview or the court case, the applicant has an opportunity to make corrections to the I-589. It’s not a problem to make corrections, and generally, correcting errors on the original form does not reduce the likelihood that the application will be granted. In the worst case, the applicant will need to explain the mistake(s), but even this is fairly rare.
You might think that the most important questions on the I-589 are the ones on page 5 related to why you need asylum. It makes sense, since that is the whole point of the form. But, au contraire, in asylum world, things that make sense are rarely the correct answer. The questions about asylum are generally easy to answer on the form, and you have ample opportunity to elaborate on your answer in an affidavit or at the interview.
So what is the most important question on the form? It’s the question that appears on page 1, near the very beginning of the form, in Part A.I., question 6: “What other names have you used (include maiden name and aliases)?” What’s so important about this question, you ask. I will endeavor to explain. But first, a bit of background.
Every asylum applicant must undergo a background check. The check is a bit of a mystery, but it involves a biometrics check and a name check. The background check also involves multiple data bases, and it can be quite time consuming–some people wait years for the completion of their checks. Theoretically–and hopefully–the background check will be completed before the interview or the court case. That way, the applicant can receive a decision shortly after being interviewed. If the check is not complete, or if new information arises at the interview and the check must be augmented, the case will be delayed–possibly for a very long time.
In my office, for example, we have dozens of clients who have been interviewed, but are still waiting for decisions in their cases. Some have been waiting for weeks or months; the longest delayed applicants have been waiting over two years! Most of these delays seem to be because the security background checks are not complete. For people who are single, or whose spouse and children are with them in the United States, the wait may be tolerable (stressful and unpleasant, but tolerable). For people who are separated from their spouse and children, the wait is horrific. How can a mother or father be apart from small children for months or years? Yet this is what many applicants are enduring today.
Which brings us back to the question about “other names used.” If you fail to include every name you have used in your life, the Asylum Office may have to start the security background check all over again for any names that you add to the form during your asylum interview or your court case. So while it is not a problem to correct this question, adding a new name to the form could cause months (or more) of delay. For this reason, it is important to include any and all names you have used when you first submit the form.
Your name on the I-589 (Part A.I., questions 3, 4, and 5) is generally your name as it appears on your passport. So what “other names” should be listed on the form? You should include the name on your U.S. visa, including the notorious “FNU” or “first name unknown,” which often appears on US visas for people who have only one name. If you have a maiden name, include that. Also, list any different spellings of your name that you (or others) have used. If you have nicknames, pseudonyms or aliases, list those too. Of course, if you have ever changed your name, list all previous names you have used. If you ever list your name as “son of” or “daughter of,” include that. Finally, different countries and cultures have different naming conventions. Sometimes, a person’s name is the given name, followed by the father and grandfather’s name, or a tribal name. You should list all iterations of your name.
It is important to answer all questions on the I-589 form as completely and as accurately as possible. But the question about “other names used” is particularly important. If you forget to include all the names you have used, it could cause additional long delays in your case. To paraphrase the immortal Dr. Seuss, “Be your name Buxbaum or Bixby or Bray, or Mordecai Ali Van Allen O’Shea, make sure to include all your names on the I-589 form. Then you’ll be off to great places. So, get on your way!”
I apply I – 589 file me & my wife joint file August 2016
I receive tow year work permit
May 2017 total may 2019
I have no interview date
So when I got interview date
Also I leave america 14 years
I have tax id I pay last 10 years tax
I do transfor my all tax tax id to social security number
I have daughter born USA
So I am Eligible to future green card apply
If your US-citizen daughter turns 21 years old, she can probably sponsor you. You might have other basis for seeking lawful status here, but I cannot tell from your message. Of course, if you win your asylum, you can stay. Also, if you are in court, you may be eligible for Cancellation of Removal – talk to a lawyer about that if you are in court, or if you think you have other paths to obtaining status here. Take care, Jason
Dear Jason,
first of all thanks to answer our questions,
I applied to renew my work permit depending of pending asylum case six month ago , i called them so many times and the answers were call us after one more month,
what should I do next?
“On April 21, 2017, we received your Form I-765, Application for Employment Authorization , Receipt Number LIN17xxxxxx, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice
Lots of people are seeing similar delays. You could make an Info Pass appointment at http://www.uscis.gov and try to go in person – sometimes that is more effective than calling. You can also contact the USCIS Ombudsman – a link is at right and they sometimes help with delayed cases. But probably, you will just have to wait for the card. Given how long you have already waited, you should get it soon. Take care, Jason
I am in really dilemma from which side I should process. I and my 2 years son have already done fingerprints from my wife as an Asylum and now time to fill I-765. In other hand I have also time to apply for OPT where I have to fill the same form I-765. Now my confusion, Do I have to apply EAD from OPT or Go with my wife’s case. I am very confused what shall I do? I would be really appreciated if you could help me to come out from this situation…Thanking you …
It’s up to you. If you do the asylum EAD, it is free and valid for two years. If you do OPT, you are considered “in status” and so you keep open other opportunities – for example, you might get an H1b visa in the future. Also, if you do OPT and it ends, you can apply for the asylum EAD at that time, and the first one is still free. You might want to talk to a lawyer to help decide which is better for your specific situation. Take care, Jason
Dear Jason
How long it takes to get american citizen ship after asylum has granted ?
Once asylum is granted, you can apply for your green card after one year. Once you have the GC, it is back-dated 1 year. Meaning, if you receive it today, it will indicate you are a lawful permanent resident since October 24, 2016 (even though you got the card in 2017). You can file 5 years after the date on your green card (and you can actually mail the application 90 days before the five-year anniversary). Take care, Jason
Hello Jason,
Pls I file in for asylum,receive my receipt on the 06/20/2017 up to date haven receive letter for my finger print wat should I do.
This seems to happen sometimes. Contact your local asylum office and ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
How long after you recieve notice on New Card Is Being Produced will my work permit show?
I think it takes a few weeks. Take care, Jason
recenly i applied for asylum. but it is now almost two months gone, i didn’r receive my received notice or finger print letter. also i didn’t get my mail returned. according to USPS tracking it was delivered. what shoul i do now. can i send another apply form to USCIS or do i have to visit USCIS. please let me know what should i do. Thank you
First, make sure you mailed it to the correct address – there are different addresses depending on where you live. Also, make sure your address on the I-589 is correct. Second, you can contact the local asylum office to ask whether they have it. You can find their contact info if you follow the link at right called Asylum Office Locator. If not, you probably need to file it again, with an explanation about what happened. You can also do a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of whatever documents you filed and any documents that USCIS might have mailed you. This may take 5 or 6 months though, and given the one-year filing deadline, you need to take action sooner than that. Take care, Jason
Hi i have a baby for about 4month and his birth certificate is not given to me the temporary certifcate says babyboy but my baby has a name but hospital transferes me to court for getting his birth certifcate and his father is in US 1 does it affects me 2 if i asked in my interview what i will answer?
You should be able to get the birth certificate, but normally, the hospital tells you how to do that. I do not see why this would affect an asylum case, but it would depend on the case and I do not know anything about your case, so I cannot say for sure. Take care, Jason
Any one knows the wait time for EAD from Nebraska?
I have an asylum case received 3 nov 2015
I did a finger print two weeks later,
Recently after two year on 23 sep 2017
I received i797 c
Which say no need to show up for finger print
What does this mean!
Is it mean that my case appointment is coming soon !
It may mean that the interview will be soon. You can check the Asylum Office Scheduling Bulletin, a link is at right, to get an idea about that. Otherwise, I think there is no meaning – we see people get re-fingerprinted all the time. It often means an interview is soon, but not always. But it is nothing to worry about. Take care, Jason
Hi Jason
I-589 part C question 6 Have you/family member included in application ever commited any crime?
If you are filing for yourself but mentioned your brothers name. Who is now a resident but was once charged and case dropped.
Would you answer Yes? Not sure why considering they are not part of the application only referenced.
I would answer yes, since your brother is a family member and he was charged with a crime. You can explain that the charges were dropped. Take care, Jason
Hi Jason,
I did receive a later for my asylum application on the 23th September 2017. Also i have done my fingerprints. Is it possible to to apply for identification card with my I- 589 form which give me a temporal legal stay until my asylum case is dealt with?
Thanks
If you mean a driver’s license or state ID, you can try, but in most cases, you cannot get those until you receive the EAD. Take care, Jason
Dear
If you are in Florida you can get the state ID or the driven license as well, just bring proof that you did the finger print amd your original passport also copy of your I94…
They will provide you the ID for 1 year Maximum then when you get the EAD you can renew it easily,
This is from my experience because i have the same case…
thanks,
I applied for asylum for myself and family. My family is in Malawi. I got my EAD some months back but my asylum interview is still pending.
My wife just arrive USA. What are the STEPS to file for her EAD???
First she has to be added as a dependent on your case, and then she can file her EAD. You can contact the asylum office to ask about how to add her as a dependent. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason.
I think she is already a dependent to my case because I included her names during my initial filing.
Including her name does not make her a dependent. She is a dependent if she was in the US, and she submitted a signed page 9 of the I-589 form with her photo on it along with your application for asylum. Take care, Jason
Hi Jason Can you Please Tell Me That My Asylum Application Received in May 2015 Till Now I don’t get my Interview date how long did it take Please Let Me Know .
There is a long wait for the interview. Check the Asylum Office Scheduling Bulletin – a link is at right – it will give you some idea about when to expect an interview. Take care, Jason
Hi Anybody Tell me that My Asylum application received in May 2015 But I don’t get my interview date yetPlease help me
There is a long wait for the interview. Check the Asylum Office Scheduling Bulletin – a link is at right – it will give you some idea about when to expect an interview. Take care, Jason
Hi Jason, a friend of mine was contacted by a Homeland Agent about his immigration status at a time when he was waiting to get the notice of receipt for his asylum request. After a few days, before the receipt arrived my friend got another call in which the Agent threatened to cancel his Driving License. My friend still did not meet with the Agent. Now his notice of receipt has been received, my friend is confused on how to proceed. My questions are; what are the chances his license was really cancelled by the Agent? How can he check this? How can he reinstate the license if it was cancelled? Does he still need to meet with the Agent now he has been notified his asylum request is being processed? What may have triggered the search for my friend seeing as some people stay years here without having anyone look for them regarding their immigration status? PS- My friend stays in Maryland
As far as I know, the agent has no control over the license – that is a state matter; not a federal matter. I do not know what the agent wants, but if your friend meets with the agent, he would do well to have a lawyer present. If the agent calls again, your friend can arrange the meeting with the agent and a lawyer, and also ask what the agent is calling about (and also confirm that this is not some type of immigration scam, since that agents comments about the driver’s license seem suspicious). Take care, Jason
As an asylee in the process of renewing employment authorization permit under category C08 and filing Form I-765, a proof that I have filed Form I-589 with USCIS is requested which I can’t have hold of. Could a copy of the judge order to have my tcase administratively closed substitute this document??
Maybe. You could also go to the court to request a document from your file, such as the form I-589 with the Judge’s stamp on it. You might call the court clerk to ask about how you can get a copy of this. You can find the clerk’s phone number if you follow the link at right called Immigration Court. Take care, Jason
Thank you
What is the wait time in Colorado after applying for work permit as an asylum seeker
I do not know about CO, but we see wait times in most cases from 2 to 4 months. In some places, it is faster, so maybe CO is one of those places. Take care, Jason
Thanks jason
Dear Jason,
I’m about to submit my asylum documents. There are two addresses in the application form; physical address and mailing address. The question is that I would like to apply in Northern California where the processing time is way shorter than Southern California.
Do I need to prove my address in North California? Can I fill a physical address in north CA and a mailing address in south CA? Is this difference make sense for Uscis? And which address is for defining the center that I should submit my documents?
Thanks in advance
You have to use a physical address where you live; you can use a mailing address where you want the mail sent. You would think that the physical address would determine which asylum office gets your case, but honestly, we have not done a case in a long time where the physical and mailing addresses where in different jurisdictions, and I do not remember. If you figure that out, please let us know. Thank you, Jason
What is the wait time after I apply for work permit as an asylum seeker? And I did biometrics in May will I have to do another biometrics before I get my work permit?
It seems that most people are not doing biometrics for the work permit. Wait times vary a lot – 1 to 5 months, but for most people (at least in my area of the country), it seems to be about 3 or 4 months. Take care, Jason
Hi…
This is so much help, thank you very much. My question is the next one. I HAVE AND F1 student visa, i just got my receipt of acknowledgment from homeland, (the little blue paper ) can I stop going to school? I have an F1 visa my wife has a F2 visa… can i stop going to school? I just want to stay in the country in a legal way without having any problems, but getting off school it will be a great thing, but i do not know if is possible or If I need to wait until I have de SSN and work permit. Thanks.
Once you filed for asylum, you are allowed to remain here until your case is complete. If your wife is a dependent on your asylum case, she can also remain here. Whether you stay in school or leave does not affect that. If you stay in school, you potentially leave yourself more options in case your asylum is denied (maybe complete school and then get a work visa like H1b, and then maybe a green card based on employment). If you leave school, it will be more difficult (or maybe impossible) to get a green card based on employment. Take care, Jason
hi thank you so much for your helping. i have applied for asylum on agust 21 2017. i have been here for 3 years . i was iin h4 status. me my ex got divorce 2 weeks ago i have 2 kids 50-50 share custody. my son born here. i was in domestic violent but i did not complaint in 911 my neibor knows and itried kill my self last years i have doctor report bcass of my ex. now i am planing to for i-175v (ead) is it enough to file . i dont work . i did not work in this country . is it ok filed assylum and i165v at same time.
please let me know
navamani
thank you
I am not sure I understand your question. If you filed for asylum in August 2017, you should get a receipt after about 3 or 4 weeks. To file for an EAD based on pending asylum, you have to wait 150 days after you filed the asylum case, and then you can apply for an EAD using form I-765, available at http://www.uscis.gov. If you have been a victim of domestic violence, you potentially may have other type of immigration benefits available to you, and so you might want to talk to a lawyer about that to explore your options. Good luck, Jason
thank you so mush for your reply
i had been domestic violence for last 6 years marriage life but i did not complaint about my husband in police. last year i tried to kill my self bcas of too mush abused. i have only record in hospital about my abused by husband other hen that i dont have any think. i got divorced on august 22.
i filled asylum my self on agust 21st. after that my friend has spoke about one of the attorney . she told she can get EAD based on abused spouse( but i dont have any report in police. everything non domestic violence. but i have report only in hospital . i testimony in hospital about my abuse. (is it enough for get this EAD?
bcas i dont work . i dont have any money to pay more for attorney. thats why i want to conform should i file for EAD I-165V.
OR it will cause any problem with my asylum file bcas both are going to same palce.
i asked about this with my new attorney she did not answer about this. she told you can decide.
please give me good suggestion this.
Filing for a U visa or other benefit based on domestic violence should not affect your asylum case. I do not know much about such cases, though, so I cannot advise you. There are resources available for victims of domestic violence, and I recommend you try to find a lawyer who can assist you. I did a blog post on September 22, 2016 that might help. Take care, Jason
hello can some transfer his asylum case to another country?
I highly doubt it, but you would need to talk to a lawyer in the country you want to move to. Take care, Jason
Hello Jason,
I did a great mistake. I filed an application form and submitted it .But i didn’t go for fingerprint. Will my asylum process be cancelled? I am still in f-1. Will I be able to join us army through mavni if it re-opens in the future?
I do not know about the army program. If you still have your fingerprint appointment letter, I suggest you go now, even if you missed the appointment, they should still fingerprint you. I do not think missing the appointment will cause the case to be automatically canceled, but I am not sure about that. If you do not have the letter, you can email your local asylum office, tell them about the problem, and maybe they can help you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I had my asylum interview this year. And today I received a letter to apear at a master hearing in court. Before I applied for asylum I had a master hearing scheduled in Orlando, which it was delayed because I changed venue, and haven’t heard danything since. Could that be the same master hearing or is that because my asylum was denied?? The letter doesn’t mention anything about my asylum case.
Please help me
Marcus
I am not sure I understand. I recommend you call this number: 1-800-898-7180. It is a computer. Enter your Alien number and when you have the option, press 1. The computer will tell you your next court date and the location of the court. Take care, Jason
Marcus When Did you Apply For Asylum Case ?
Good day,
As I obtain witness statements in support of my asylum application, should I ask the witnesses to be available to be contacted by UCCIS?
I have never seen USCIS contact a witness in an asylum case, but they could (if you give them permission, since the case is confidential). I don’t think it hurts to ask the witnesses about this, but I highly doubt anyone would contact them. Take care, Jason
Dear Jason
I applied for asylum on February and i included my wife and daughter , and now i have family problem coze it seems it will be a long time to get an interview , so my wife intend to visit me with daughter so could she apply for B1B2 visa or not?
thanks
Your asylum case will make it more difficult for them to get a B visa. I wrote about this in a post on April 18, 2014 – maybe that would help. Take care, Jason
Hi
I have submitted my EAD application form 567 on aug 7 .i haven’t received any receipt or an acknowledgement letter.usually do we get any receipt or something’s???
Usually you get the receipt within a month, so there is still time. Hopefully, you will get the receipt and the EAD soon. Take care, Jason
Hello Jason,
I came to US on F1 visa in 2016 and graduated in May 2017 and applied for Asylum and done with fingerprints. I am on my OPT now and I have extension for another 2 years after july 2018. Next year I am planning to apply for H1 visa. I am applying for jobs now. If my employer sponsors me H1, Do I need to inform my employer regarding asylum? Will that be a problem if I apply for H1? I have a question that On what status I am on now? Can I continue with my OPT and then H1 so on or as I applied for asylum, Does it effect my OPT and H1. Your response is highly appreciated.
Thank you,
Sweety
The asylum should have no effect – asylum will block you from getting certain types of visas (a new F-1, for example), where you promise to leave at the end of your time in the US. But it does not affect an H1b, where you do not need to make that promise. I do not know if you need to tell the employer, but certainly you will need to tell the immigration attorney who helps with the H1b, as you need to make sure that all your applications contain consistent info. As for your status now, it is F visa on OPT. Take care, Jason
Thanks Jason for taking out ur valuable time and clearing all our doubts..
Hello Jason,
I have submitted asylum application on April 16 to Nebrasaka service center, am quite sure that i have sent my application to the right address, until june I haven’t received any notice from uscis although Mail Delivery showed they have received my application. So i submitted another copy on june 1st yet there was no response from them. After 30 days I visited the asylum office to enquire about my application but they couldn’t help me out with anything, they suggested i submit another copy to the asylum office which i did on july 2nd and until now I didn’t receive any notice.
What am I suppose to do or whom i should contact.
Another question is when does my clock for work permit starts.
Thanks in advance for your help.
That is very strange – and something seems wrong, either with the place where you filed or with your home address where you did not receive the mail. Probably you should file a Freedom of Information Act request with the Nebraska Service Center, to get a copy of your file (form G-639, available at http://www.uscis.gov), but this will take months. You might need to file again as well. One way to know which office is correct is to go to the link at right called Asylum Office Locator, enter your zip code, and look at your local asylum office website. That will show you (if you scroll down) which service center to file an asylum application. If you re-file, you should include an explanation for what happened. I am more concerned about you missing the one-year filing deadline than with the EAD, but if you get a copy of your original filing using the G-639, you will have proof that you filed. Also, maybe you can use that original filing date for the EAD, but I am not sure. You will just have to try to apply for the EAD and see what happens. Good luck, Jason
Hi Jason,
First off thank you so much for your response and clarification. your effort is much appreciated.
i double-checked twice where i was supposed to send my application, checked my application too and everything were fine.
am running out of time as am reaching the one year deadline on August 24th.
I called the National service center but they can’t pull out my information without Alien number.
Do you have any other suggestion?
Manas
one more thing. i thought of refiling for the third time. but the problem is am moving from my current place in San Jose to Chicago area, as i got a job opportunity over there, which is served by the same service center. do you think i can file with my new address or i should stick to the same address that i filed my two previous application with.
sorry am asking too many question but am very confused.
I guess if you have moved, you should file with the new address, but explain this in the cover letter when you mail it, and make sure that it is the same service center, as I do not know about that. Take care, Jason
File again with an explanation for what happened, and file a Freedom of Information Act request also. Given the short time frame, it is most important that your case is filed; you can worry about other things later (like getting a copy of the file). You may want to consult with a lawyer about this, just to be sure about the filing address, as I cannot think of any other reason why you would not get a receipt. Take care, Jason
Thanks Jason a lot. Am beyond thankful for your help and explanation
Hi Jason
I filed again and attached letter explaining my situation. This time the service center returned my application along with a letter saying they received my previous submissions and asigned an align number to me. They said they don’t know why I didn’t receive any notice yet and advised i should contact asylum office. I sent them an email and a regular mail but response so far.
What you think would be the best thing for me to do.
One more question, if they have received my previous submission would my clock for EAD starts the day they received it or the day i receive the notice of action receipt. The previous submission was on May 24th.
Thank you
The clock should have started. If the asylum office does not respond to emails or calls, you should go there in person if you can (check the business hours on their website, which you can find if you follow the link at right called Asylum Office Locator). Also, you can file a Freedom of Information Act Request, form G-639, available at http://www.uscis.gov, to get a copy of your entire file, including the receipt and fingerprint notice. We have done that before and it works. It is free, but it takes several months to get the file. Take care, Jason
Hi , i have send my wife file for asylum from 40 days and till now we did not received any letter for our case number till now and after 30 days i called Houston asylum office to ask about advise and them told me to send email for my question and till now no one answer my email shall i have to send the file again or what can i do
If you did not yet get the receipt, then something may be wrong. Make sure you sent the I-589 to the correct address (this can be confusing). You can file a Freedom of Information Act to get a copy of your file (form G-639, available at http://www.uscis.gov). This is free, but takes several months (at best). If the local office does not respond to your email, you probably will need to send the I-589 application again with a letter explaining what happened. Make sure to send it by certified mail and keep a copy of everything you mail them. Take care, Jason
Hi Jason Dzubow ,
Thanks a lot for your advise can i have your phone number to check with you all the proceed er and if it is right or no .
We do not really offer this service – we can do the case or not, but we cannot advise people about how to do it themselves. In addition, I will be away and will be unable to do any consults until after mid-August. All that said, if you want to set an appointment, you can email me at Jdzubow@Dzubowlaw.com. Take care, Jason
I have two GC applications, employment based which is in AOS phase now and Asylumn through a spouse. Can my spouse withdraw the assylum application so we just focus on the employment based case? And on the asylumn withdrawal letter do I have to state the reason for withdrawing the application?
I would recommend you keep the asylum case until you actually get the GC through employment, if possible. But you can withdraw the asylum. I do think you should give them a reason and evidence of the adjustment application. If a person closes an asylum case or does not attend an interview, and that person is out of status, the case will be sent to an Immigration Court. Explaining the reason for closing should avoid this problem. But do make sure that you are eligible for the GC through employment before you try to close the asylum case. Take care, Jason
Dear Jason. I have interview in 2 weeks and I noticed that my then lawyer made 2 mistakes on my I 589. She ticked yes where it says if I have ever returned to the country where I was harmed which is not true and she ticked no where it ask if I or family members have been detained, arrested charged etc. yet I’m my declaration I clearly stated that I was briefly kidnaped and attacked.
No worries – You can correct this at the interview. There is actually a flaw in the I-589 that changes some of the “yes” answers to “no” and visa versa. It is easy to make this mistake if you do not check the hard copy after you print. Anyway, you can explain that the lawyer checked the wrong box and it should not be a problem. Take care, Jason
Hi there,
I came here on july 2013 on B1 Visa, Within 6 months i applied for F1(Student) and got approved around June 2014.Then i couldnt continue my study after january 2015 and terminated from my school. Since then i never went back on status again..
In this situation can i apply for asylum ? Or what should be the best option for me to get back to any legal status?
I have my tax ID and i work here & paid my taxes. My company offered they can help me out if i need any help from them like sponsor or any paperwork.
Your advise will be appreciated ..Thanks
It seems to me that you are out of status and that you have been out of status since January 2015. You can apply for asylum, but you likely will be blocked because you are supposed to file within one year of arrival. There are exceptions to that rule, and maybe you can meet an exception. Talk to a lawyer about that. As for the business case, you should talk to a lawyer about that too, but given that you have been out of status for over two years, I suspect that this will be a difficult path for you. Take care, Jason
Hi Jason , thanks for all the insight, I left my country because i had been politically persecuted having been jailed a couple of times by the government over my online criticism of the government and i am just getting ready to file my asylum application , however , i discovered just last week that i qualify for an O-1 A visa (extraordinary ability) by my lawyer , what do you advise me to do? should i go ahead with the asylum ( which i really would rather avoid because i do want to be able to return home someday and i fear than an application for assylum will bar me from doing that ) or can I apply for both at the same time or should i just proceed with the O-1 visa as it will enable me get a work permit within 15days(expedited application).
The O visa is a non-immigrant visa, so presumably, you would then seek a green card based on EB-1 or EB-2. You may want to go for the O visa/green card option first and see if it works. If it does, you can avoid asylum. If it does not, you can file asylum at that time. One important issue here is that a person must file asylum within one year of arriving in the US, so if you have time to apply for the extraordinary ability green card and get a decision before the one-year, then that is fine. If the one-year is approaching, you may want to file for asylum to protect yourself. I do not know whether an asylum application would negatively impact an O visa application (your lawyer should check), but I think it won’t and it should not affect an application for a green card. Also, the fact that you have an application pending might serve as an exception to the one-year asylum filing rule, but your lawyer would need to double check that first, and I would be concerned about that issue. Take care, Jason
Hi Jason
Thanks for helping people!! I have been denied by asylum oficer 3years ago and I moved to another country with my husband back to US after 2 years now my husband applied for asylum (he was included in my previous asylum as a spouse) we sent tha i 589 form 2 month ago and also our lawyer went to the local asylum office and summit another time 3 wks ago and we got the copy of it but there is no response until now.
What will be the reson??? Thanks
Hello kidist. I have a question . After your asylum got denie, you moved to another country and came back to US?
I believe in this situation the proper way to apply is at the local office (not the service center). It is usually a bureaucratic mess to get the asylum office to issue the receipt and start the clock (for the EAD). We did this last year and it took a number of email to them a few visits to the office before they actually got the case moving. Maybe your lawyer wants to try contacting the local office to encourage them to get the case moving. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,Thanks for all the answers….
I have a question… What if I arrive US with a student visa and apply for asylum just within a week of my arrival. Would there be any problems?
Probably not, but it might cause the asylum officer to think that you intended to seek asylum when you got your visa, and that you lied to get the visa (that you told the embassy you planned to study in the US and return). There is a BIA case called Matter of Pula that can help with that situation, and generally, we have not seen that block people from asylum, but it is an issue that you should be prepared to address if they ask you about it. Take care, Jason
Jason thanks for the answer..
If that’s the case, what type of visa is preferable? Because obviously if your intension is to seek for asylum then you can get any visa to get to US in order to avoid getting hurt in your home country.
Another question….. What if I don’t have enough funds to hire a lawyer?
Thanks
It does not matter what type of visa you have, if you apply for asylum very shortly after you arrive, the asylum office may think (and ask you about) whether you intended to apply for asylum at the time you sought your visa and came here. This is not usual fatal to a case, but it does sometimes need to be explained. As for a lawyer, I did a post about finding a free lawyer on September 22, 2016 and that may help. You can also file a case without a lawyer, but of course a decent lawyer can help you present a stronger case. Take care, Jason
Thank you very much Jason
I went to the interview for asylum, but I was very nervous, and forgot some key points, and was confused with some facts. I have a feeling that it will be denied due to that. Now, I am already looking into what to do if it gets referred to the immigration judge. Do you think I still have a chance to fight for my case and win in court? I have no funds lawyers, so I will be on my own.
We have done many cases where the asylum office denied, but the judge granted, so it is certainly possible to win in court. However, without a lawyer, it is much less likely you will be successful. Even if you have no funds, you can try to find a pro bono (free) lawyer to help you. I wrote an article about that on September 22, 2016 that may help you. Take care, Jason
Hello Jason,
I have applied for asylum and got finger print dates. Now I want to withdraw my case as my threat in India has gone. The danger with whom I have had died. So I can go happily. Now I am on my OPT and if I get h1 visa, I need to go to my home country for h1b stamping. So when I return back to US , will they stop me at immigration?
And also I have robbed by someone and lost my passport , money and all bank cards, phone, etc., here with the gun and I have police report too. This happened in may 2016 and I went to India for my visa stamping again and I came back to US. So I am planning to apply U visa. My attorney told me that he will convert my asylum to u visa and in future, there won’t be any problem at immigration. Is that true ? I am in a great confusion. My parents are calling me there to get married and come back to US. So is there any alternative to do so that I can enter into US without any issue. Please help me out from this. I will be really thankful if you help me out.
You should withdraw your asylum application, and maybe explain why the threat has gone. If you do that, it should make it easier for you to get a visa to come to the US in the future. Also, if you have evidence that this person died, you should keep it, in case you are asked about this issue. You cannot “convert” an asylum case into a U visa case. You can file a new U visa case and close the old asylum case. In general, an H1b visa is not affected by an asylum claim, so the asylum case should not interfere with that. I doubt the U visa application would affect the H1b case either, but talk to your lawyer about that. Take care, Jason
Hello Jason,
Thank you so much for your response. I have a question. If I got a job on my OPT or H1 , and also i have asylum work permit. Can I convert my asylum work permit to H1 and vice versa.
And if I do not have OPT or H1 status. And I have asylum work permit, can I apply for software jobs as we apply on OPT or H1. And like what kind of jobs can we do on asylum work permit.
You can have an asylum work permit at the same time as an H1b visa and maybe at the same time as an OPT work permit. If you want to remain in H1b status or in OPT status, you need to fulfill the requirements of those statuses. If you have a work permit based on asylum pending, you can work anywhere that will hire you. Take care, Jason
Thanks jason. How to contact you personally. I tried calling you several times and left voice mails too. Because now I am in a great confusion whether to withdraw my asylum or not. So I need to clear all my doubts on phone as I have only 3 days left for my biometrics.
Thank you,
I would not be able to respond to you in that time frame, sorry. You can email me, but it will be probably a week or more before we could arrange a consult: Jdzubow@dzubowLaw.com. Take care, Jason
Okay. But I have no time now. So I would like to know if I go for biometrics and then withdraw asylum later. Will that be same as if I withdraw before biometrics.
I don’t see how that would make a difference. I think you can go for biometrics and then withdraw later, if you have to. Take care, Jason
Hello Jason,
Your answers was really helpful. I am in the same boat. I have a question that if I apply for U visa and cancel my Asylum. When I go to my home country and come back , will there be still a problem at immigration or i can travel safely and come back as I applied for U visa.
If you have a green card based on a U visa, you most likely will not have a problem visiting your home country. However, there is no guarantee about that. If the visit causes USCIS to believe that the original asylum case was a fraud, it could cause problems for you. So at a minimum, keep evidence about your asylum claim, so if you are challenged on this point, you will be ready. A safer route would be to wait to go to your country until you are a US citizen, if you can wait that long. Take care, Jason
i applied for asylum in april 21 and i got my notice for action on the 25. i went for my fingerprint since may 9, how soon will get a working authorization ?
If your asylum application was received on April 25, you can apply for your work permit on about September 25. After that, it usually takes 2 to 4 months to get the work permit. Take care, Jason
Hello Jason,
I’m in the US, but my family is not. They are coming in about 4 months due to economic and personal situations. Can I apply for asylum while my family still in my home country? What is going to happen if they are not here when the fingerprints have to be taken? Can they have the fingerprints taken once they arrive? Thank you!!
If you apply before they come here, I do think you create some risk that they will be denied entry (or have to seek asylum when they arrive, and then get detained). If they already have their US visas, this may be less of a problem, but if you can wait, that may be safer. One issue with this is that a person must file for asylum within one year of arriving in the US, and if not, they may become ineligible for asylum, so if this is an issue for you, you will have to decide, but normally, this is a very important issue and a person must file within one year. If you are not sure, talk to a lawyer about the specifics of the situation to see whether you may be able to apply after the one-year deadline. Take care, Jason
i’m going to move to new york and i will change my address but i don’t know if this change would affect interview schedule ? the clock will start from zero again ?
The Asylum Clock should not be affected, and if you change to a different asylum office, you should keep your place in the queue. You may want to email the old and new asylum offices to make sure the case is moved and you keep your place in line. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
My friend told me that he just applied 6 month ago, he got firgerprint already, and he is waiting for interview, but he does not speak, read and write
Inglish very well, mostly he did not understand what was that for, the person who helped hin to aplply, did not explein him very well, what are you recomending he to do?
I recommend he find someone to help him as an interpreter. He should review the whole case and make sure that it is all correct. If there are errors, he can correct those. It is critical that he understand what information he gave to the asylum office, and for that, it sounds like he needs a good interpreter. Take care, Jason
i applied for an asylum a couple of months ago, i did the finger print 2 months ago, now am planning to get married with my girl friend, just i wanna know the steps for that, what i have to do and witch applications i have to fill… she is an us citizen..
do i have to cancel my Asylum case, or they will cancel the case automatically!
You should talk to a lawyer about the process for marriage, but the main forms are the I-130 and the I-485 (though there are a number of others too). Assuming you are eligible to get the GC through marriage, you can keep both cases going, though sometimes, the asylum case causes delay in the GC case and you have to withdraw the asylum application. In my opinion, the better practice is to start the GC case, and only withdraw the asylum case if there are problems with the GC case. Take care, Jason
I have an interview in two weeks. Someone told me that I might be detained while there. Can the agent interviewing me for asylum detain me when I show up for the interview??
I wrote about this issue on May 3, 2017 – maybe that would help. The short answer is that it is very unlikely you would be detained, unless maybe you have a criminal conviction. Take care, Jason
Hello, it’s been 120 days since I applied and got the fingerprint letter back. I’ve been hearing that its possible to apply for work permit early.
1. Is it possible to apply at 120+days?
2. What consequences could it have if I did?
3. How long after I apply for work permit should I expect it?
I have never heard of that; people who apply early get their applications rejected, which can often cause additional delay. Work permits typically take 2 to 4 months to receive after you file the application. Take care, Jason
Hi Jason
i got a question about renewing my passport
i intend to see my family in third country but my passport expired , so if i renew my my passport it would affect my case ?
Probably not, but it could, especially if you are fearful of your home government (as opposed to fearing terrorist in your country). I have not seen a case where that was a problem, but it could be, and so you should be prepared to explain why you renewed the passport and – if you fear your government – why the government would be willing to give you a new passport. Take care, Jason
Hello Jason,
I live in Michigan and I read all the instructions carefully before submitting my asylum application to right address. In the I-589, it is clearly mentioned that those living in Michigan should send their application to USCIS NEBRASKA SERVICE CENTER. Which I did. And based on tracking information, the package was delivered on April 16,2017. So, almost 33 days has passed but no written confirmation receipt. What do you recommend I should do. (I sent my package through priority Mail.) Do I need to contact some number? Appreciate your feedback. Thank you
Contact your local asylum office and ask whether they have the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hi
i filed my application for asylum based on political issue but still pending for 2 years and i have wife and little daughter , they can’t wait longer , so i think of canceling my case so i have some questions 1- is that possible ? 2-is that affect my daughter if she wants in the future to get her own visa ? is that affect my valid visa ?
I replied previously; let me know if you did not see it. Take care, Jason
i read your answer but u did not answer if canceling my case would affect my valid visa ?
if i want to come again ? thanks
If you return on the same valid visa, you could be stopped at the airport and sent back. If you do not want to go back at that point, you could claim asylum at the airport, but you would likely be detained and have to do your case in immigration court (possibly while detained). You might also get in with no problem; it is not possible to predict. Take care, Jason
i knew that it takes very long time to make the interview , so what if i want to see my family ? could i see them in other country or i cant travel outside us till the interview ?thank u
If you have a pending affirmative asylum case (not in court), you should be able to get Advance Parole, form I-131, available at http://www.uscis.gov, and then meet them in a third country and return to the US to continue your case. Take care, Jason
ibrahim May 9, 2017 at 10:32 am
so where to file my form ? according to my address which included in my application i-589 or according to the temporary address ?
thanks
REPLY
You can file using the temporary address, but it could take several months to get the EAD, so hopefully you can get mail at that address for some time. Also, you may need to explain to the asylum office why you were using two different addresses, and why your address on the I-589 is your permanent address. Take care, Jason