Here’s a common situation: A person files for asylum at the Asylum Office and her case is pending for years. During that time, she marries someone who does not have immigration status in the U.S., and she wants to add her spouse to her pending asylum application. And here’s another (less common) scenario: A person has a pending asylum application and the person’s child arrives in the United States and wants to join their parent’s case. Today, we’ll discuss how to add a dependent to an existing asylum case.
Before we get to the process of adding a dependent, let’s go over a few preliminary matters. First, any dependent that you want to add must be physically present in the United States. They do not have to live with the principal, but they must be in the country.
Second, the only people who can be added to an existing asylum case are a spouse and unmarried children who were under 21 years old when the I-589 was filed. So you cannot add your parents or your married children, or children who were over 21 at the time you filed for asylum.
Third, the principal applicant can only add a dependent to a case at the Asylum Office. If your case is in Immigration Court, you cannot add a dependent unless that person also has a case in Immigration Court–in this situation, you would file a motion to consolidate (i.e., join) the two cases.
Fourth, the dependent cannot have a pending case in Immigration Court or before the Board of Immigration Appeals. For these dependents, after asylum is granted, the principal can file an I-730 and the dependent can close the court case and obtain status (assuming they are eligible). A dependent with a removal order cannot be added to an existing affirmative asylum case either. For such people, if the principal wins asylum, he can file an I-730 and the dependent can try to reopen their court case–talk to a lawyer about this, as it can be tricky.
Fifth, before adding the dependent, you might want to ask whether that person is better off filing his own asylum case. Of course, if the person has no fear of return or would be ineligible for asylum for some other reason (such as the one-year filing bar), it probably makes sense to add them as a dependent. But if the person has his own independent case, he may want to file on his own. In the case of spouses, this basically gives you two chances to win asylum–if spouse A wins, he can petition for spouse B, and if spouse B wins, he can petition for spouse A (this would not work for a parent and child, since the parent cannot benefit if the child receives asylum). This is a strategic decision and depends on the cases and your goals, but it may be worth thinking about before adding a noncitizen as a dependent.
A person could also file their own case and be added as a dependent to another case. My sense is that the Asylum Offices do not like when you do this, as it makes extra work for them. I also don’t love it. I prefer to file one case–for the person with the strongest claim. Again, this is a strategic decision depending on the applicants’ situation.
Finally, what are the advantages and disadvantages of adding a dependent to the case? Whether a dependent is added to the case or not, she can still benefit if the principal applicant wins asylum. Once asylum is granted, the asylee can file form I-730 for a spouse or child, so that that person also obtains asylum status. This can be a very slow process–these days, it normally takes one to two years. The beneficiary cannot obtain an EAD (Employment Authorization Document) during this long wait (unless the person has some independent way to get an EAD). In the case of a child, the child must have been under 21 years old at the time asylum was filed (if the child turns 21 before asylum is granted, they can still benefit from the I-730). However, if the child marries, they cannot benefit from the I-730. If a dependent is added while the asylum case is pending, and asylum is granted, the dependent gets asylum at the same time as the principal, which is obviously better. But adding a dependent can be a long process as well, and it potentially could delay the asylum case (if, for example, the dependent’s security background check causes a delay). Also, once a person is added as a dependent, it may become more difficult to travel and return to the U.S., depending on the dependent’s current visa status. Overall, for most people, it is probably better to join a pending asylum case as a dependent rather than wait for asylum to be granted and then wait again for the I-730, but it depends on your goals and the specifics of the case.
With the (extensive) preliminaries out of the way, we can turn to the process of adding a dependent to an existing case. How do you do it?
Basically, you need to send a request by mail to the USCIS Service Center with jurisdiction over the Asylum Office where the case is located. You can find your Asylum Office here, and if you check your local office’s web page, you will see which Service Center has jurisdiction over the case–this is the same Service Center where you would send an initial application for asylum, form I-589, if you were starting a new case.
With the request, we include the following: (1) Copy of the principal applicant’s asylum receipt and biometric notice; (2) Copy of the USCIS web page showing that the case is pending–you can find that here by entering the asylum receipt number, which starts with the letter Z; (3) A letter signed by the principal stating their name, address, phone number, and Alien number, and stating that they want to add the dependent to their case; (4) A letter from the dependent listing their name, address, phone number, and Alien number (if any), and indicating that they want to be added to the case; (5) A copy of the principal’s I-589 with the dependent’s information added to page 2 and/or 3 of the form plus page 9 of the form with the dependent’s information, photo, and signature; (6) A complete copy of the original I-589 as it was filed; (7) Proof of the relationship (marriage certificate of spouse or birth certificate of child) + a certified English translation if needed; (8) A copy of the dependent’s passport (photo/biography and U.S. visa pages only); and (9) A copy of the instructions for adding a dependent, which you can find starting on page 46 of the Affirmative Asylum Procedures Manual. We also include a cover letter explaining that we want to add a dependent and listing the included documents.
Strictly speaking, all this may not be needed, but my office (and many other attorneys) have long experienced problems adding a dependent to an existing asylum case, and I have found that including all of the above makes the request more likely to succeed.
If the request works, you will receive a notice and a biometric appointment for the dependent. Once that happens, the dependent can apply for an EAD on the same schedule as the principal. So if the principal already has an EAD, the dependent can apply immediately. When the principal gets scheduled for an interview, the dependent will attend as well. If the principal wins asylum, the dependent will also get asylum, and if the principal is referred to Immigration Court, the dependent will also go to court (unless the dependent has some other lawful status in the United States).
If the request to add a dependent does not work, USCIS may return the documents to you, or the request might just disappear–if there is no response in three or four months, the request has probably vanished (because this is a possibility, always keep a copy of whatever you send to USCIS). If this happens, reach out to your local asylum office to see whether they can assist.
Adding a dependent can be challenging, but it is often the best way to protect your family members and allow them to remain in the U.S. while your asylum case is pending.
Hey Jason, first off, I really appreciate your involvement in the asylum process here in the US. I got a roller coaster story here and would appreciate your input…
So I filed a I-589 as principal in January through the asylum vetting center since I just lost derivative status due to marriage to non-citizen and principal parent adjusting status through citizen sibling and it got backdated to 2015 because that’s when my family’s original pending asylum was filed by parent 10 years ago. just had my biometrics done for the new asylum at local FO today and now I am ready for interview (once again, lol)
back in 2015 too, (me and my spouse did not know each other) she came as a minor with family and applied for admission to US at a port of entry, was inadmissible because lacked status/visa but was paroled until end of 2015 for the EOIR hearings for removal proceedings which were then administratively closed but NOT terminated.
I know this step needs a lawyer but please pls advise 🙏
what’s the best way to go about her proceedings,
1) request motion to terminate proceedings so she can be added as dependent on my asylum
2) wait until my asylum is granted (without adding her) file I-730 & bring approval to EOIR to request motion to terminate
I have asked other lawyers but I am getting mixed answers, some say it may be possible to add her…others say she cannot be added as dependent with open court case of removal proceedings…heck even my parent’s lawyer said only a citizen can petition her which is BS.
But anyways, we’re currently both inside the US and dont know which of the 2 options is the correct one
1 – Not all DHS offices will agree to this, but you can ask. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. If they agree, and the judge agrees (they usually agree if DHS does), then she can dismiss her case and be added as a dependent to your case (adding a dependent is often a big pain, so fair warning). 2 – This should work, but you would first need to ask DHS (and also win asylum, which may take a while). In terms of which option is better, I think it depends on whether you have a strong case. If you feel very confident in your case, you might want to dismiss her case and then add her to your case (even if you cannot add her easily beforehand, you can add her at the interview). If you have a weak case, maybe you want to see what happens. If you win, you can file the I-730. If you lose, maybe she can re-calendar her case and try to win asylum for herself (and thus help you too). Take care, Jason
What evidence is normally required if I add my spouse information in my I589 form ? I only have marriage certificate.
Or is it not required for my asylum application packet since I am the principal applicant ? and is perhaps only required when I file derivative asylee for my spouse ?
Your spouse’s info should be included on the I-589 form page 2. If not, that is the info you need if you got married and want to add the spouse to your form, or add your spouse as a dependent. If your spouse is in the US, you can add your spouse to the case as discussed in the above article. But if they are not in the US, you can file for them later, if you are granted asylum (using form I-730). Take care, Jason
Hi, I am Gopakumar I have an existing asylum applicant. Me and My wife got work permit and SSN but how can I add my 2 kids to my application and how to get work permit.
Thanks
To be dependents on the case, the children must be under 21 years old at the time the case is filed and they must remain unmarried. If so, and if your children are listed on your I-589 and you checked the boxes on page 2 and 3 under their names stating that they are included in the case, then they should be dependents. Hopefully, you have a receipt listing everyone. If so, they can apply for work permits, the same as you. If not, and you need to add them to your case, that is discussed above, but it can take a long time and does not always work (due to USCIS incompetence). You might start by emailing your local asylum office to ask them if they have specific instructions about adding dependents to the case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason.
I’m a us citizen thru asylum. I’m filling green card application for my mother, to bring usa. My question is my sisters student visa is expired 2years ago she’s out of status.
Is it going be a problem for my mother? Can my mother get her green card without any issue because im a us citizen?
Thank you.
Unless there is something else going on (like a fraud from your sister or you involving your mother), your sister’s case should have no effect on the case for your mother. Take care, Jason
Love your article. I was reading trying to find the yes/no answer to this part “A person files for asylum at the Asylum Office and her case is pending for years. During that time, she marries someone who does not have immigration status in the U.S., and she wants to add her spouse to her pending asylum application.”
By reading I understood that yes, I can marry someone that is in the US and has not legal status and add it to my asylum case.
In the case of asylum in court, I cannot add him until the asylum is granted?
Also, can I marry that person first before petitioning for asylum and instead send one application with him added? Would his children benefit? They are minors and entered with him a few years ago. Can I add them too?
Thank you
Correct – you cannot add a person to your asylum case if you are in court, unless that person is also in court and you consolidate (join) the two cases. If you marry before you file for asylum, this is far better – you can just include the person and any eligible step-children with the application (you have to check the form I-589 instructions or talk to a lawyer about who is considered a step child, as it depends on different factors, especially the age of the child when you married the child’s parent). The good news is that a dependent is not subject to the one-year asylum bar, and so even if they would have a one-year bar issue for their own asylum case, they would not have such an issue as the dependent of a person who does not have a one-year bar problem. Also, adding a dependent has become very difficult since I wrote the above article. It has always been a problem, but lately, it seems even worse. So I would recommend you file all together if possible, as adding a dependent takes a long time and in some cases, does not work at all. Take care, Jason
Hello Jason,
Thanks for your response. You were very correct about the difficulty of getting a dependent added to a pending asylum case. My wife and I reached out to the Asylum office via phone several times. After several attempts, an associate address us a letter affirming me as a dependent to my wife and they have included the amended documents in my wife’s file. However, they stated the system update will be done at the time of the interview.
I received the mail and informed my lawyer on my desire to have them submit a new EAD application. The outcome of this resulted in a 2nd EAD denial. Their statement reads thus:
“A review of your file and USCIS and Executive Office for Immigration Review (EOIR) records fails
to indicate that you have either lodged or filed Form I-589, Application for Asylum and for
Withholding of Removal, pursuant to 8 CFR § 208.
The evidence submitted states ********, Olu was added to ********, Tomi Form I-589 as a
dependent. However, no evidence was submitted showing a Form I-589 for ********, Olu
You are not eligible for employment authorization under 8 CFR § 274a.12(c)(8). Therefore, your
Form I-765 is denied”
Again, my lawyer, sent in additional documentation to corroborate the fact that they had indeed filed in the amended document, they also indicated that I am a dependent and should not need to file a separate 1-589 application.
The Outcome again resulted in A 3rd Denial. USCIS statement reads thus:
“A review of your file and USCIS and Executive Office for Immigration Review (EOIR) records fails
to indicate that you have either lodged or filed Form I-589, Application for Asylum and for
Withholding of Removal, pursuant to 8 CFR § 208.
A letter from an attorney submitted in the evidence states that Olu ******** was added as a
dependent to ********, Tomi Form I-589. However, after reviewing the evidence and running
system checks, there is no evidence showing a Form I-589 was submitted for ********, Olu.
You are not eligible for employment authorization under 8 CFR § 274a.12(c)(8). Therefore, your
Form I-765 is denied.
My lawyer insists that I don’t need to file a separate I-589 since I am a dependent on her case.
The entire process has been really frustrating and depressing as I am unable to move forward.
I have since reached out to the congressmen in my neighborhood based on my lawyer’s recommendation, but I have no Idea of what the process looks like
My Ask:
What do you suggest I do at this point?
Do you think I need to file a separate I-589?
Is the USCIS wrong?
Are there any other options you think I should consider?
Kindly share your thoughts/recommendation?
Regards
Olu
Sure! Here’s a more concise version:
Hello Jason,
I appreciate your contributions to the community. I’m anxious about the lead time for adding a dependent to a pending asylum case. My husband applied for i589 and included me and our daughter as dependents. Due to an oversight, I was missed out. They had their biometrics in July 2023, and we submitted the
amended i589 to add dependent (me ) at the Houston Asylum Office. It’s been 80 days without a response, even after following up via email. My concerns are:
1. Should I wait longer given the delay?
2. What if my visa expires during this unpredictable wait?
3. Considering the one-year deadline, should I apply for my case separately?
4. Would my separate application complicate our existing i589 amendment?
Your guidance is crucial, and I look forward to your response.
Thank you,
Esther
1 – You can keep following up, but adding a dependent is often a problem. 2 – You will be out of status if your period of lawful stay ends (usually 6 months for a B visa holder, but it varies by person and by type of visa). 3 – That may be necessary, unfortunately. You can continue trying to add yourself as a dependent, but since the process is so unreliable, you may be better off filing your own case to protect yourself. 4 – It should not, as long as everything is consistent between the cases. You might also want to talk to a lawyer to see if they can help you get added as a dependent to the case, but even lawyers often have difficulty with this. Take care, Jason
Hi Jason,
My wife has a pending asylum application from 2020. She applied to include me to her pending application 6 weeks ago and I received form I797c for a biometric appointment which I completed yesterday.
My understanding (based on your article) is that I can apply immediately for an EAD without waiting for 150 days because my wife already has a valid EAD. My i797c did not have a receipt number (it had an application/ request number). I am not able to verify if I qualify for an EAD online through USCIS website. Do you think I go ahead and apply for an EAD anyway? or is there a way to verify the eligibility before applying?
Thank you
You are eligible to apply now. Hopefully, there is an Alien number on the receipt you received. You can include a copy of that when you apply, but it should work. Take care, Jason
Hey, thanks for the post.
I have a question here, my father added me as a dependent in his pending asylum that has been pending for over 8 years, he added me 1 month before I turned 21 and it was in USCIS hands before I was 21. (Received 14 sept, turned 21 8th October).
Today we received a letter saying that the dependent request couldn’t be processed cause they were missing the “birth certificate translated, please reapply with the correct documents”. Now I’m already 21, but since they received our request before I was 21 is it still valid? Or will they deny it because it was missing some papers and Im already 21.
Thank you
I do not know whether there is any rule about this, as adding dependents is basically a big mess. For purposes of filing asylum, if you filed before you were 21 but USCIS requested additional information after you turned 21, you (as a dependent) would be included in the case, assuming you make the correction in a timely way. Hopefully, it will be the same in this case and they will add you as a dependent once they have the evidence that they requested. If not, you should be prepared to file your own asylum case or file for some other status so you can remain here. Keep in mind that if you want to file for asylum yourself, you should file within one year of arriving here (I wrote more about this on January 18, 2018). Take care, Jason
Hi Jason,
Thank you for creating the insightful post about adding a dependent to an existing asylum case; it has been tremendously helpful. I am an asylum seeker and filed my case in August 2022, and received my EAD in March 2023 after I-765 has been approved.
Following your guidance, I have successfully contacted the LA Asylum Office both by phone and email, and managed to add my husband to my pending I-589 by submitting the necessary documents.
Query:
I have observed via my USCIS portal that he has been accepted as a dependent, and an ASC Appointment Notice is available for download. The notice indicates that the biometrics appointment is scheduled for 10/2/2023, and he has been assigned a USCIS A#. Given this situation, I wonder if he can apply for an EAD immediately (today 9/21/2023) since I already possess one (my EAD clock has surpassed 150 days), even before completing his biometrics (10/2/2023).
I would greatly appreciate any assistance or information you can provide on this matter!
Best Regards,
Rui
I am not sure – I think he probably can apply for an EAD now. However, I would recommend waiting until after the biometrics are done. That is how we always do it, and I think it would be better to wait 10 days than risk a denial. I suspect if he applied now, he would be ok, but I do not know. Whether to take the risk is up to you, but if you were my client, I would advise you to wait until after biometrics, just to be safe. Take care, Jason
Hello Jason,
Thanks for all you do for this community.
I had an 18month wait for an uncontested divorce case. During this period, my fiancé initiated an Asylum App. but I wasn’t included since we were not married. The divorce was finalized Jan 2023 and we got married.
My lawyers filled in the paper works to the asylum office for me to be added to the case. After 3weeks, I was advised to send in an
application to the USCIS for an EAD. Unfortunately, the USCIS came back after several weeks stating that had no record of my application with the primary applicant, hence the denial of my EAD
My lawyers reached out to the asylum office to investigate the status of the documents that was sent advising them to add me as a dependent on the application.
They came back stating “they received it and will only add it at the time of interview”. I have no idea of how soon the interview will be scheduled. This feedback keeps rattling my mind daily.
My Ask: Kindly advise on what to do to have the Asylum office reconsider their decision and have me updated on my wife’s record so I can also apply for an EAD. Due to this mishap, I had since lost my Job, and it’s been 14+ months since I had a job based on my previous work papers with my Ex.
Adding a dependent to an existing asylum case has always been a problem, and it often takes several tries. This is because USCIS constantly screws it up. I would email the local asylum office again and ask about the situation. You should be able to be added as a dependent (unless there is a new policy about that, which I did not hear about yet). You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
Thanks for your response. You were very correct about the difficulty of getting a dependent added to a pending asylum case. My wife and I reached out to the Asylum office via phone several times. After several attempts, an associate address us a letter affirming me as a dependent to my wife and they have included the amended documents in my wife’s file. However, they stated the system update will be done at the time of the interview.
I received the mail and informed my lawyer on my desire to have them submit a new EAD application. The outcome of this resulted in a 2nd EAD denial. Their statement reads thus:
“A review of your file and USCIS and Executive Office for Immigration Review (EOIR) records fails
to indicate that you have either lodged or filed Form I-589, Application for Asylum and for
Withholding of Removal, pursuant to 8 CFR § 208.
The evidence submitted states ********, Olu was added to ********, Tomi Form I-589 as a
dependent. However, no evidence was submitted showing a Form I-589 for ********, Olu
You are not eligible for employment authorization under 8 CFR § 274a.12(c)(8). Therefore, your
Form I-765 is denied”
Again, my lawyer, sent in additional documentation to corroborate the fact that they had indeed filed in the amended document, they also indicated that I am a dependent and should not need to file a separate 1-589 application.
The Outcome again resulted in A 3rd Denial. USCIS statement reads thus:
“A review of your file and USCIS and Executive Office for Immigration Review (EOIR) records fails
to indicate that you have either lodged or filed Form I-589, Application for Asylum and for
Withholding of Removal, pursuant to 8 CFR § 208.
A letter from an attorney submitted in the evidence states that Olufemi Babalola was added as a
dependent to ********, Tomi Form I-589. However, after reviewing the evidence and running
system checks, there is no evidence showing a Form I-589 was submitted for ********, Olu.
You are not eligible for employment authorization under 8 CFR § 274a.12(c)(8). Therefore, your
Form I-765 is denied.
My lawyer insists that I don’t need to file a separate I-589 since I am a dependent on her case.
The entire process has been really frustrating and depressing as I am unable to move forward.
I have since reached out to the congressmen in my neighborhood based on my lawyer’s recommendation, but I have no Idea of what the process looks like
My Ask:
What do you suggest I do at this point?
Do you think I need to file a separate I-589?
Is the USCIS wrong?
Are there any other options you think I should consider?
Kindly share your thoughts/recommendation?
Regards
Olu
This is a real disgrace and – unfortunately – it seems to be the new normal. It is just a matter of luck whether USCIS will accept a dependent to add to the case. We have filed the exact same packets to USCIS to add dependents. Sometimes it works, and sometimes it does not. Lately, it does not seem to work at all, and it is impossible to effectively communicate with them. At this point, your best bet may be to file your own case. I am going to recommend that to my clients going forward, as it has become almost impossible to add a dependent and it takes way too long. Given that the chances for getting an interview are very low, you can at least get a work permit while you wait, and when you eventually get an interview, you can try to add yourself as a dependent at that time, or if the “dependent” gets an interview first, you can at least inform the asylum office that you should be a dependent and see whether they can interview the principal applicant at that time. It is extremely unfortunate that the system is not working, but that is where we are and so for me, it is better to just file a new application rather than keep hoping that USCIS will do its job. If you file your own case, do be careful about where to file – check the Special Instructions on the I-589 web page at http://www.uscis.gov to determine whether you should file at the Asylum Vetting Center or at the regular location. Take care, Jason
Hello Jason,
My question is can I be added to my husband asylum pending case? He recently received the ead. Also if yes will I also get my EAD card as well after being added? Do you advise I become the dependent in his application? Thank you
You can file to become a dependent. Email the local asylum office for instructions about how to do that. You can find their email if you follow the link under Resources called Asylum Office Locator. Once you are added, you can apply immediately for an EAD. The problem is that it is not easy to get added to a case. Sometimes, it works smoothly; other times, it does not and you have to re-apply multiple times. Unfortunately, like most other things at USCIS, the process of adding a dependent to an existing asylum case is a mess. Take care, Jason
Thank you for the swift response jason. How long those it take for uscis to add a dependent to a case ? Is it in months? Also if added I think that is a green light over there. If not added will the major applicant or dependent receive any notice of not been added or Uscis just ignore?
Like everything else, it is not predictable. It could take a couple months, but it could be rejected for no reason (or for an actual reason), or it could just disappear. We see all sorts of results with no seeming reason. I think you just have to try, and if nothing happens in a couple months, try again or email the local office to inquire. Good luck, Jason
Hello Jason if the request doesn’t work, does it affect the major applicant application?
No – the reason the request would not work is because USCIS screws something up or (less commonly), you make a mistake. It should have no effect on the main applicant’s case. Take care, Jason
Regarding this:
(5) A copy of the principal’s I-589 with the dependent’s information added to page 2 and/or 3 of the form plus page 9 of the form with the dependent’s information, photo, and signature;
The signature on page 9 is it dependent’s or principal signature? If dependents are more than one is it require copy of page 9 by the number of applicant?
Thanks.
For a dependent’s I-589, you should submit a copy of page 9 signed by the dependent with the dependent’s name and photo. If the dependent is too young to sign, a parent can sign for him. The rules about what is needed for dependents recently changed, and so you might also want to look at the I-589 instructions (available at http://www.uscis.gov) to see what is needed. Take care, Jason
I filed I-589 more than 2 years ago through USCIS office in Nebraska. It was done by attorney. Now my case is in SF Asylum office and I am not using attorney any more. I want to add my spouse in this case and have 2 questions:
1. Shall I change the information in the copy of I589 as a lot of data is not actual (i.e. residence address, SSN, employment history, no attorney etc.)?
2. Shall I send all the supporting documents including evidences and exhibits with every copy of I589 to UCSIS office or directly to Asylum Office in San Francisco?
1 – For the spouse’s form, you can do that. For the principal’s form, we usually just send a copy of the form as originally filed. I guess you can highlight the changes and make a note of that on the form, so they know. Also, you can mention this in the cover letter. 2 – You are supposed to send it to the address where you would send an original I-589 based on your current place of residence – see the I-589 instructions at http://www.uscis.gov. However, the locations on mailing have changed and the instructions for adding spouses have not been updated, and so I am not entirely certain. For this reason, you might do well to contact the local asylum office by email and ask about where to submit it (and maybe SF prefers that you submit it locally). You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you for reply, Jason!
SF Asylum office had replied to my question and I sent the application to them directly. Fedex package with all necessary documents was received by SF Office on 07/18/23, no reply was sent to me so far. Does it mean that my spouse’s status was not changed and she need to continue education (F1 visa) until the i-797 will be delivered? Can she apply for work authorization now?
FYI: I sent an email to SF Office asking the same questions on 08/17/23 and got no answer as well, then I submitted a request at USCIS site about my case document is missing (assuming i-797 for my wife). They promised to reply until 10/16/23 :-\
It is a long standing problem to add a dependent to an asylum case, and until they issue a biometric notice, your spouse will not be able to apply for an EAD. I think you will have to keep following up with them by email and hopefully, they will respond. Unfortunately, I do not know what else to do, as adding a spouse to a case has always been a big problem. Take care, Jason
Thanks for reply, Jason.
The main question was about wife’s change of status. Does she need to continue education until the reply from USCIS will come? Otherwise the application to add a spouse, that was delivered to SF Office, is a trigger to change her status from student to asylum pending?
I am not really sure I understand the question, but she does not need to maintain F-1 status in order to later become a dependent on the asylum case. However, if she ends her F-1 status before she becomes an asylum dependent, it could block her from certain types of benefits (getting an H1b visa without leaving the US, for example). Also, once the F-1 status ends, she accrues “unlawful presence” until she becomes a dependent and this can prevent her from returning to the US if she leaves (180+ days of UP bars her from returning for 3 years, one year or more of UP bars her return for 10 years). Maybe she wants to talk to a lawyer to see about her options, and whether ending her student status will make any difference. Take care, Jason
Hi Jason.
Here I am again stuck with my spouse application to be added to my case. So it’s 3 month ago SF Asylum Office received my application to add a spouse to my case. Since that time I sent a number of emails to SF Office and didn’t get a reply from USCIS on me e-request. Is there any other way to complete this mission?
It is a huge problem. Sometimes (rarely), when we add a spouse, it goes smoothly, but most times, it is a big mess. We have one case where we have mailed documents twice, emailed multiple times, and used the AILA (lawyer association) liaison, all to no avail. We are getting ready to just file a new asylum case for the dependent, rather than continue the ridiculous effort to add him to the case. In terms of your situation, I am not sure what else can be done. If SF has walk-in hours, maybe you could try that. Or if you have a lawyer, they can try the liaison. Otherwise, maybe the dependent will just need to file their own asylum case. It really is a mess, but in some cases, that may be the only option that works. Take care, Jason
Hi, can I add spouse as a dependent to my case if I had interview in asylum office more than one year ago and decision is still pending? I was married several months after interview. I heard a lot information about adding a spouse before interview but zero information about adding after interview.
If yes, which documents should be sent to USCIS?
You can try. Adding a spouse can be very challenging, since USCIS often screw up the requests (I am dealing with this now for a client, and despite multiple efforts over 6+ months, they have still taken no action to add the spouse). Anyway, it is worth trying, so that USCIS will at least have proof that you are married. That way, if the case is granted, even if your spouse has not been added, you can file an I-730 to (eventually) get dependent asylum status for your spouse. In terms of the procedure to add a spouse, it is the same as if the interview did not yet occur, but I would send a copy of the request to the Service Center and a copy to the local asylum office that did the interview, with a cover letter explaining why you are doing that (because you were already interviewed and the local office should have the file). Take care, Jason
Thank you! Feel not alone when see the same situation. Have you applied for EAD for a client? And if yes when? Spouse was waiting for 150 days and then applied with initial applicant’s receipt as c8 and more than 30 days left and “case was received and receipt notice was sent”. No biometrics appointment was scheduled. If he has chance for approval of EAD in this situation? Can I request FOIA to check if he was added to my case or this request can lead to negative consequences? I already asked FOIA in January. And if there is assessment to grant in FOIA, it is like “recommended for approval”? Any chance for real expediting the case without getting formal answers about pending decision?
I am not sure I fully understand your questions, but if a dependent is added to the case, you should receive a receipt and biometric appointment for the dependent. There are huge problems adding dependents to cases, and so if you did not receive the receipt, you should try to contact the asylum office directly to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. If the dependent is added to the case, the dependent can file for the EAD on the same schedule as the principal; the dependent does not have to wait an extra 150 days (so if the principal has a work permit, the dependent can file for the EAD as soon as they are added to the case). I do not think the FOIA should have any negative effect, but even if you learn something about the intended decision, it has no effect unless they actually issue the decision. In terms of expediting, you can try – I wrote about that on June 2, 2021. Take care, Jason
Hi Jason, hope you are doing well. I read your articles regarding adding dependents to the asylum case and I have some questions.
1) Do you think adding dependents for an electronically-submitted affirmative asylum case would be easier than the cases sent by mail?
2) Does dependent has to be arrived in 1 year bar to being added as a dependent as well as receiving the EAD? For example, an asylum-seeker meets and gets married an undocumented migrant who is living in the USA for 5 years.
Thank you very much,
Wish you a great week
1 – I have never done it, and so I don’t know. I do not even know if that is possible – maybe you can email the local asylum office to ask them. You can find their email if you follow the link under Resources called Asylum Office Locator. If it is possible, my guess is that that would be a lot better than the old system. 2 – The one year bar does not apply to dependents, so in this situation, you could add the person who has been here for 5+ years, as long as the person does not have a case in immigration court or a prior deportation order. Take care, Jason
Dear Jason,
I have two questions:
I am filing for my parents who is not living in the USA for IR-5 VISA. My siblings live with their parents in the same resident. The NVC Steps says below:
Original or certified copies of birth certificates for all children of the principal applicant (even if he or she is not accompanying)
Since i did not file for my siblings. Are my parents required to provide her children’s birth certificate during their consulate interview. Please let me know
Step 1: Register your appointment online
You need to register your appointment online. Registering your appointment provides us with the information we need to return your passport to you after your interview. Registration is free. Click the “Register” button below to register.
If you want to cancel or reschedule your appointment, you will be able to do so after you register your appointment.
When am i required to register appointment online before i receive my appointment letter or after i receive my appointment letter? confused and stressed with this two questions. please clarify for me in more details.
Thank you
I do not do these types of cases, and so I really do not know. I do not know whether this case can even be processed with the NVC if your family is in the US. I do not see any harm in providing too much info, so I doubt there is a problem to include your siblings’ birth certificates. In terms of registration online, I do not know, and I would imagine that is for an appointment overseas. I think you should find a lawyer to assist with the case, and look into these questions. Take care, Jason
Hi Jason,
My EAD will be expiring in October 5th 2023 so can I apply tomorrow April, 5th 2023 to meet the 6th month period or please advise if I have to apply the day after on April, 6th 2023?
Thank you for your advises,
Pat
You can apply up to 180 days before the old card expires, but do not apply earlier than that, as USCIS might reject the application. If you want to be safe, maybe send the application 175 days before the expiration. Given that USCIS now issues a 540-day automatic extension when you get the receipt, you should not have any problems with gaps in employment eligibility. Take care, Jason
Hi Jason,
Thank you for all you do for this community, I am grateful.
I was granted asylum with Immigration Judge’s oral ruling, the DHL lawyers indicated they do not wish to appeal the case- the Judge asked, they no and the Judge oral decision came immediately. My questions:
1. What follows an Immigration Judge’s Oral asylum grant?
2. What is the window period for which I can expect to get the notice from the Judge/court?
3. Is ok to check with the court, say after 20days after the hearing, to find out the status of the notice?
4. And what are the steps to follow to request the IJ’s decision letter/notice?
5. I understand I must obtain a new I-94 and SSN, can I contact USCIS without IJ’s asylum grant notice?
Best!
Congratulations! 1 – Once you get the court order, you should Google “post order instructions in immigration court” and follow those. 2 – If it is an online case, usually it is the same day; otherwise, a few days or a week, usually. 3 – Yes. I would expect the order would be issued well before that. 4 – If you have a lawyer, the lawyer should have it. Otherwise, you can ask the court. 5 – see # 1. Take care, Jason
Thank you, Jason. Yes, it was indeed a online hearing.
Sorry – whether the hearing is on-line does not matter, it is whether the case is on the ECAS system where court documents are available online. That is what I meant. Take care, Jason
Other than the Lawyer, would the court send a copy of the notice?
If you do not have a lawyer, the court should send the notice to you. If you have a lawyer, they would normally send it to the lawyer. Take care, Jason
Hi Jason,
I have a question , after how many days the interview with asylum office is scheduled once your status is changed to interview scheduled and notice will be sent.
Thanks
Sam
I don’t know exactly, but I would think you would receive the notice within a few weeks (make sure they have your updated address if you moved). Take care, Jason
Thank You Jason !
Hello Jason,
New I-485 version arrived and they add the following question in it please advise what Asylee (who are getting Medicaid and Snap) should answer this question.
Are you the subject of public charge grounds of inadmissibility under INA section 212(a)(4)?
Please advise?
Jimmy
Asylees are not subject to the public charge rules, so you can write “no”. Take care, Jason
Hello Jason,
New I-485 version arrived and they add the following question in it please advise what and Asylee should answer this question.
Are you the subject of public charge grounds of inadmissibility under INA section 212(a)(4)?
Please advise?
Jimmy
Asylees are not subject to the public charge rules, so you can write “no”. Take care, Jason
Hi jason
my U.S. citizens daughter who is 22 years old, wants to sponsor me for the green card. I live with her here in the USA. how long the process can take to get the Green card. thank you
Assuming you are eligible and not currently in Immigration Court, it probably takes about a year or 1.5 years. Take care, Jason
Jason
Thank you for your answers. I have my removal case dismissed in immigration court. I have the dismissal letter from the immigration court. When my usc daughter filled the I-130 ,I- 485. I-765 for me. We need to send the removal dismissal letter with those applications to uscis ?
Thank you
I always send a copy of the dismissal order from the court in this situation. Take care, Jason
Jason
Thank you for your answers. I have my removal case dismissed in immigration court. I have the dismissal letter from the immigration court. When my usc daughter filled the I-130 ,I- 485. I-765 for me. We need to send the removal dismissal letter with those applications to uscis ?
Thank you
Hi Jason,
I am following your following advises to renew my EAD but when it says copy of “Court Order Showing that your Asylum is pending” , Can I go online to
http://www.asics.eoir.justice.gov
Enter my Alien number then get the screenshot of the page and submit together with other documents since I got confused how I can obtain a document showing my asylum is pending get me more stressed what would I need and I appreciate your advices?
This is your last week guidance:
“””””””””””””
Use form I-765, available at http://www.uscis.gov (http://www.uscis.gov/). The instructions indicate which documents are needed, but at a minimum, you need the form, 2 passport photos, copy of passport, copy of current EAD, copy of court order showing that your case is pending, copy of the Notice to Appear, and the fee, which is currently $410. Other evidence may be needed as well, depending on the case, so check the instru
ctions. Take care, Jason
“”””””””””””””””””””””””””””””””””””
Thanks a lot,
Pat
It is best to use the actual order from the court, as opposed to the online notice. We do use the online notice if we do not have anything else, but if you have a lawyer, you can ask the lawyer for a copy of the notice, or you can go to the court in person to ask for a copy. I think that would be better, but if you cannot get a copy, you can use the online notice and I think that will work (I am not completely certain, but if they do not like it, they should request more evidence from you and you can try again to get the court notice at that time). Take care, Jason
Today I am feeling unhappy.
I want to ask fellow seekers and asylees a question. Do you ever feel sad about the time lost ?
After spending years enduring persecution and/or fear…After escaping, you guys come here and hopefully granted asylum…
But how about those lost times…how do you recuperate that ? Is there any form of compensation that an asylum seeker or asylee could seek from past damage or fear ? Or do I have to acknowledge the uncomfortable truth that “the damage is done, and it’s better to move on”.
Please advise, I am in deep distress about this and cannot seem to find my way out. And just to make conversation simpler, I am talking about harm inflicted by parties from country of origin not in the U.S. I know the immigration court process is abusive, but I feel that it really doesn’t match the harm suffered overseas.
What I mean is,
As an asylum seeker/asylee, you could have lived peacefully, safely while holding a particular opinion, being a particular race, practicing a particular religion, or being in a PSG. But because of the existence of persecutors or would-be persecutors, you weren’t able to do that for a long time. I think this is damaging and how can we deal with such damage ?
Thanks
I am not sure there is an answer to these questions. I see my clients keep moving forward even when it is very painful. I do not think the pain goes away, but I do think they keep going and maybe eventually things get easier and they find some peace. Take care, Jason
Thanks Jason for weighing in 🙂
Thanks for sharing how your clients are doing and I hope I can be like them eventually
Hi Jaison
Hi I went for a my asylum interview in less than two weeks am checked my status is saying we reached decision, mail has being sent follow instructions on what to do next,What does this mean.
Hi meju, congrats on finishing your interview. Good luck and hope you are approved.
When did you apply ? And where is the interview conducted ? Have you ever made expedite request ?
Thanks
I applied in 2015 got my interview in march through a Lawsuit ,got my interview on March 20 2023 approved March 22 2023 got the letter today.
Congrats MEJU ! You will then start your new life in America.
Thanks for the info.
Congratulations! It is an incredibly long wait, but at least you got good news. Take care, Jason
Congratulations MEJU, If you don’t mind can you please update how much time they take to give you interview after filing Lawsuit. Thanks in Advance!
It sounds like they are sending you the decision – it should arrive in a few days or a week or two at most. Good luck, Jason
Hi Jason
HOW LONG DOES TAKE TO GET THE GREEN CARD , IF US.CITIZENS SPONSOR IS FATHER? Thank you
It depends on many factors, but if the child is under 21 and unmarried, there is no waiting period, but USCIS takes maybe 1 year to process the case (and it could be longer or shorter, depending on the case). If the child is 21 or over, or is married, you can Google “DOS visa bulletin” to get an idea of the wait time. Take care, Jason
Hi Jason
Warm greeting
my brother’s asylum case was approved in last September from New York.when his case was pending he had 10k bond.his sponsor moved in taxes and he is bg in his business so how can we take out the bond money? Can my brother go to nearest uscis office and apply for it? Or only his sponsor can do that?
Thanks
I think he needs to go to the ICE field office that issued the bond, or if he cannot do that, the local ICE office (you can find that here: https://www.ice.gov/contact). I do not know if the procedure varies by office, but I have had my clients go, show the order and their ID, and ICE can start the process to return the bond. I do not know whether the sponsor himself needs to go, but I would have the asylee go first and see what ICE says. You can also try to contact ICE beforehand, but that is usually not so easy to do. Take care, Jason
No only Bonder is alowd to borrow that money because uscis. Only know Bond person not alian . He have to go to uscisc yes you can inquire about bond but chek with peeson uscisc inform you about bond within month after case passed . So possibly you bond is released and person have money
Hi Jason,
Do you use online EAD renewal or mail-in?
I want to try renew online this time. Any suggestions or tricks?)
Thank you.
I have done online filings now a few times, and I am not a fan of the system. It could be much better. I don’t have any tricks, and in some ways, it is actually easier to do without a lawyer, since you do not have to coordinate your account and the lawyers. I think for an individual, the system is not too bad, but when you have to prepare multiple forms for the same case (s lawyers do), the system is very inefficient. Take care, Jason
Hello Jason,
What items do you attach to form I-485 based on a grant of asylum? Are you still waiting until the send a request for the medical form or are you mailing it also with the application packet?
Thanks
USCIS has issued a memo that they prefer to get the medical exam at the time of filing, but either way works. In terms of evidence, it depends on the case and you have to check the I-485 instructions at http://www.uscis.gov. At a minimum, you need proof of asylum, filing fee (or fee waiver), passport photos, and we also include copies of the passport, birth certificate, and marriage certificate. Other evidence may be needed, so check the instructions. Take care, Jason
Hi Jason,
Thank you for all you doing for asylum communities.
In regards of EAD renewal it want to attach a copy of the Passport, is it only the page with picture and information? And my passport expired back in 2019 and don’t want renew it so is the expired copy Ok?
Thank you,
Rex
We attach copies of the photo/biography page and the US visa page only. It has no effect if the passport is expired. That is fine. Take care, Jason
Dear Jason, I need to renew my EAD this week but could you please let me know what is the I-94 form that it is saying I need to send together with other documents and $410 fee? FYI, I got in US back in November 2016 with B1/B2 Visa and then applied for asylum in March 2017 so please advise what is I-94 and where I can get it’s copy?
Thank you,
Pat
You can Google “I-94 locator” and find it on that website. That is the I-94 you got when you entered the US. Take care, Jason
Hi jason,
I just applied for asylum this week by submitting the I-589 form, and I wanted to know if I could air travel inside the US. If so, what else do I need to travel besides a passport? Thanks
You should be able to travel with the passport, but if you have no other valid status in the US (such as a B visa), I think it is a good idea to wait until you have the asylum receipt, so you can show that as well. Take care, Jason
Hi,
My asylum interview was held 100 days ago at Newark office. Decision is still pending. Recently I dropped an email to request to expediate the decision and respond was such; “your case is under extended review and pending a final decision. We are unable to determine at this time….”. It seems a generic respond. One of my friend who did the exact the same thing 3 months ago, respond was similar except the world “extended”. I just wondered if these reponses mean anything. And is there any difference between “under review” vs “ under extended review”?? My friend got the decision recently by the way.
I am really not sure whether there is a difference, and in my opinion, those messages are close to worthless. I normally only inquire every 120 days, as I think the inquiries are not so useful and I have lots of cases. However, you can follow up as often as you like. I wrote about some ideas to try to get the decision issued on June 2, 2021. Take care, Jason
Hello Jason,
Thanks for the great work you do.I had my interview and got referred to court.Hearing date is 2025 and the judge has the least approval in the state.
What do you advise? Also, do you represent cases in Florida?
What is your email? Even if you can not represent us in Florida, I would like you to take a look at our case and give us your opinion . I am willing to pay for your professional review/representation. Thank you.
Some judges are very bad, and so if you have one of those, it is better to find an alternative – move to a new jurisdiction or try to get the case dismissed based on prosecutorial discretion. You are probably better off to look for a local lawyer who is familiar with the court and the DHS office there, but if you want to email me, it is JDzubow@DzubowLaw.com. Take care, Jason
I got the same response as you. Is there any update on your case?
Hi Jason,
Thank you as always. Please confirm, how long does it typically take to receive approval letter/notice from Immigration Judge? My asylum was granted this month but I’m unsure what’s next in the process.
Secondly, I read your article on the green card application shortly after asylum grant vs the ‘one year physical presence’ test in the US, I’m wondering if the USCIS has offered a clearer guidance on this. Would you advise someone like me to pursue that option having just been granted in March 2023, I applied for Asylum back in 2018 and I’ve lived in the US since my application.
Best!
Hi Mentor ,
I granted asylum in Apr-06 then I received a notice from the court in 22-apr , Takes around 3 weeka
Thank you.
If the case is available online to the lawyer (through the ECAS system), the order would usually be available that day. Otherwise, it should be mailed out within a few days. Sometimes, if DHS indicated that they plan to appeal, the judge needs to write out a written decision, and if so, that could take months. There is no further guidance about asylee GCs, and I am still recommending people wait 6 month before filing. Other attorneys are recommending that people file immediately, and I think it really is a personal choice, as I wrote in that article. Take care, Jason
Thank you so much.
Hi ,
I have sent my green card application last week without the Medical exam , I dont want to get the Covid Vaccine, I feel That its not news to take now , So you think there is any chance to remove it from the Vaccination record in next release?
Thanks
I doubt it will be removed. It is possible to get a religious exemption for some medical exam requirements. I have never done that for a client, but maybe you want to talk to a lawyer to look into the procedure for that (or maybe there is some other exemptions you could rely on). Take care, Jason
Oh God! If the vaccine is required, just take the vaccine and get it over with. Vaccines are nearly harmless. People put more harmful stuff in their bodies every day. If not, it would make sense to wait until the government’s policy on COVID vaccination is lifted before applying for adjustment of status. If USCIS sends RFE and you fail to provide the (required) medical form (with the required vaccination, and provided you are not religiously exempted), rest assured the application will be denied. BTW, asylees are not required to apply for adjustment of status. We do at our own volition.
Hello Jason,
I am Asylee and after one year of asylum approval, i sent my I-485 application with my wife and kids. I sent I-485, I-131 Travel document and I-693 Medical report. I used an old version of the form I-485 and they sent back to me for filing a new version I-485. But they did not send me back my I-693 with Doctors report and I-131 Travel document. Do you think if i send them my application on new verion form and they will attached my I-693 and I-131 with my new form I-485?
Thank you.
Jimmy
I think you should try sending it again rather than paying for a new report. If USCIS needs the report, they will request it from you later. But I do think you should send the I-131 again, as USCIS cannot start that case without the fee, which was (I presume) returned to you with the I-485. You should also send a cover letter explaining what happened and which documents you are re-submitting, and that hopefully, USCIS can use the medical exam they did not return. My guess is that these documents are lost, but if you are lucky, they will have the medical exam and you will not need to pay for it again (and if you do need to pay again, hopefully, the doctor can give a big discount, since they just have to re-print the form and sign it). Take care, Jason
Hi, i along with my family members filed for asylum back in 2016. We have not heard anything since then. Back in January, we requested to expedite. I provided medical reports of my mom. She has mental health issues. Mine and my brother’s request were denied while for mom, they asked for additional documentation. I have already given mental evaluation and a doctor’s not for her to he staying here for her treatment. What else can i provide? Also for me and my brother. Can we request one more time to expedite?
Maybe you can get a letter from your mother or someone who knows to explain in more detail how the long delay is harming her? I am not sure what else you could submit either. You can try to expedite as many times as you want, but unless you have a new reason and some evidence, there is probably no reason to try that. I wrote more about expediting in a post on March 23, 2022. Take care, Jason